Terms and Condition

Zapiator ( https://zapiator.com including its subdomains) is an SVB Group subsidiary and a product. All accompanying documentation is licensed and not sold. This software product is protected by copyright laws and treaties as well as laws and treaties related to other forms of intellectual property. SVB Group Pty. Ltd or its subsidiaries, affiliates and suppliers (collectively “SVB Group”) own intellectual property rights in the software product. The licensee’s (“you” or “your”) license to download use, copy, or change the software product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WHEN YOU USE ZAPIATOR. YOU MUST AGREE TO ALL OF THER TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO USE THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST LEAVE THE SITE AND YOU MUST NOT USE THE SITE OR ANY PRODUCT OR SERVICES AVAILABLE ON ZAPIATOR.

If acting on behalf of your employer or any other organisation, you represent that you have been authorized to accept the following terms (you or your or the organisation you are representing). If accepting the terms on behalf of your employer or other organisation on whose behalf you are authorized to act, you may use the services, software and site only on their behalf.

If acting on your own behalf you agree that you intend only to be personally bound to the following terms.

IF YOU DO NOT AGREE OR ARE NOT AUTHORISED BY THE ORGANISATION YOU DEEM TO REPRESENT, USE OF THE SOFTWARE, SERVICES OR SITE IS ILLEGAL.

By using the services, software or site or any features of the software you are entering a binding agreement between SVB Group.

License Grant

This Agreement entitles you to the use of Zapiator. You may print or download datasets and other information from the site.. This agreement does not permit the one user per registered account. You are not entitled to allow someone else use your account on your behalf. software product. Fur further information regarding multiple licensing of the software within your organisation please contact

SVB Group, Level 27, 101 Collins Street, Melbourne, VIC 3101, Australia. Email: info@zapiator.com ( wholly owned subsidiary of http://www.svbgroup.com.au. ABN 90487 629 695.)

While accepting the agreement you will be the “Administrative Contact” who is responsible for all communication, changes, notices, information regarding the use of license.

Restrictions on Transfer

Without first obtaining the express written consent of SVB Group, you may not assign your rights and obligations under this agreement, or redistribute, encumber, sell, rent, lease, sublicense or transfer your rights to the software product.

Restrictions on Alteration

You may not modify the software product or create any derivative work of the software product or its accompanying documentation. Derivative work includes but are not limited to translations. You may not alter any files or libraries in any portion of the software product.

SVB Group reserves the right to modify any part or the entire contract at any stage. “Administrative contact” may be notified electronically for any changes against the details provided. USE OF THE SOFTWARE AT ANY STAGE CONSTITUTES THE TERMS VALID AT THAT STAGE

Disclaimer of warranties and limitation of liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SVB GROUP, SVB GROUP MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF THE MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

SVB Group makes no warranty that the software product will meet your requirements or operate under your specific conditions of use. SVB Group makes no warranty that the operation of the software product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SVB GROUP WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FO RTHE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL SVB GROUP, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTER PART FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIEVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFIT OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, DOWNLOAD INSTALLATION, OR USE OF ANY DATA, SOFTWARE PRODUCT WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SVB GROUP OR ANY OTHER PARTY, EVEN IF SVB GROUP IS ADVISED BEFOREHAND THE POSSIBLITY OF SUCH DAMANAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SVB GROUPS ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

IN NO EVENT SHALL SVB GROUP BE LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNTS PAID BY YOU TO SVB GROUP DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY LESS ANY COMMISSIONS OR COSTS INCURRED BY SVB GROUP.

Intellectual Property

You agree that the Software contains confidential and trade secret information of SVB Group and that you may not: disclose such confidential information to third parties; decompile or reverse engineer any Software code we may make available; modify the Software; or sell, assign, sublicense, redistribute, resell, or otherwise transfer any right in the Software unless such activity is expressly permitted or required by law or has been expressly authorized by SVB Group in writing. Notwithstanding the foregoing, you may copy and display, to your actual and prospective customers, captures of the data displays our software generates from data you provide. If you use our product to create derivative works based on our product, the IP of the derivative work will vest in SVB Group.

Third Party Sites and Products

The software allows you to access and view a variety of content provided by SVB Group’s licensors (the “Third Party Content”) you understand and agree to the following:

  • Map data, geocoding and related Third Party Content are provided for planning purposes only. Map data may contain information, which is outdated, incorrect or otherwise not accurate, and therefore you should exercise extreme caution when using this data.
  • The “Licensee” shall be responsible for adhering to, and, subscribing to all third party external license arrangements and costs.
  • SVB Group makes no representation of third party organisation for software or content.

Limitation of remedies and damages

Your remedy for the breach of this agreement or of any warranty included in this agreement is the correction or replacement of software product refund for last twelve months less any commissions and costs incurred. Selection of weather to correct or replace shall be solely at the discretion of SVB Group. SVB Group reserves the right to substitute a functionality equivalent copy of the software product as a replacement. If SVB Group is unable to provide replacement or substitute software product or corrections to the software product, your sole alternate remedy shall be a refund of the purchase price for the software product exclusive of any costs for shipping, handling and administrative costs and commissions involved in the process.

Any claim must be made within the applicable warranty period, All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation or damage determined by SVB Group to have been caused by you. All limited warranties on the software product are granted only to you and are non transferable. You agree to indemnify and hold SVB Group harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this agreement and /or acts of omissions. SVB Group reserves the right, at its sole expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

Governing Law, Jurisdiction and Costs

This license agreement is governed by the laws of the State of Victoria, Australia; the federal laws of Australia, which shall have jurisdiction over any disputes.

Severability

If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

License Term

This Agreement commences on the date you accept it and continues until all user subscriptions granted in accordance with this agreement have expired or been terminated.

If you are using an unpaid version offered free, trial or for beta purposes You are entitled to:

1. Unlimited personal use and not to receive financial gain either intended or actual.

Fees

  • Fee for use will be posted on the pricing page.
  • subscription it shall automatically renew at the end of selected period unless cancelled by you prior.
  • We reserve the right to forfeit any unused credits if you change your renewal period or cancel your subscription, however we endeavor to apportion
  • Fees paid are non-refundable
  • SVB Group fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”. You are responsible for paying all Taxes associated with your purchases hereunder. If SVB Group have the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide SVB Group with a valid tax exemption certificate authorized by the appropriate taxing authority.

Invoicing & payment

You will provide SVB Group with valid credit card information, or with a valid purchase order or alternative document reasonably acceptable to SVB Group.

If you provide credit card information to SVB Group you authorize SVB Group to charge such credit card for any of SVB Group products for software usage. Such charges shall be made in advance.

For payment method other than a credit card, We will invoice you in advance and otherwise in accordance with the relevant Order Form. Invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to SVB Group and notifying us of any changes to such information

Miscellaneous

There are no third-party beneficiaries to this Agreement.

You may not assign or sublicense this agreement and the associated Software and Services without our express written permission; but you recognize our absolute right to assign this agreement to a third party. No agency, partnership or joint venture is created by this Agreement.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, Company Data or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

  • To improve our website in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.
  • To quickly process your transactions.
  • To send periodic emails regarding your order or other products and services.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies too:

  • Help remember and process the items in the shopping cart.
  • Understand and save user’s preferences for future visits.
  • Keep track of advertisements.
  • Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn o! all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different so look at your browser’s Help menu to learn the correct way to modify your cookies.

If you disable cookies in their browser?

If you disable cookies, some features will be disabled It will turn o! some of the features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders but application will not run as it requires account information of user.

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Online Privacy Protection Act

This act requires a person or company that operates websites collecting personally identifiable information to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protectionact-caloppa/#sthash.0FdRbT51.dpuf

We agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page a“er entering our website.

Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

  • On our Privacy Policy Page
    Users are able to change their personal information:
  • By logging in to their account
    How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third party behavioral tracking?

It’s also important to note that we do not allow third party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email

  • Within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • Process orders and to send information and updates pertaining to orders
  • We may also send you additional information related to your product and/or service.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be accordance with CANSPAM we agree to the following:

  • NOT use false, or misleading subjects or email addresses
  • Identify the message as an advertisement in some reasonable way
  • Include the physical address of our business or site headquarters
  • Monitor third party email marketing services for compliance, if one is used.
  • Honour opt-out/unsubscribe requests quickly
  • Allow users to unsubscribe by using the link at the bottom of each email If at any time you would like to unsubscribe from receiving future emails, you can
  • Follow the instructions at the bottom of each email.

Brand reference

By using this service you agree to cooperate with SVB Group (and its subsidiaries or parent) in creation of marketing materials regarding use of the.

software product. Further, you agree: SVB Group may record, and publish in any media, using any distribution method, your business name, operation and logo. You have sufficient authority or permissions from your employer, employees and/or contractors to grant these rights.

Documentation Ownership and rights of Zapiator

Zapiator owns this Documentation. Zapiator or its parent SVB Group may reference the fact that the licensee is a participant in the software product user group even if it is limited to the demonstration tool. User grants SVB Group a revocable, non-exclusive, non-transferable, royalty-free, personal, worldwide license to use your logo provided in websites and marketing materials related to SVB Group. Licensee expressly authorizes SVB Group to

Include the licensee’s Logo in any media.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

https://www.zapiator.com

Melbourne

Australia

Level 27, 101 Collins Street Melbourne,

Victoria

3000

info@zapiator.com

+61396536441

Last Edited on 25-05-2016