Updated as at 10 August 2016.
Visual Math Interactive Sdn Bhd owns and operates the Website www.zapzapmath.com and mobile application known as Zap Zap Math ("Zap Zap Math" or "Website"). Please read the following terms carefully before using Zap Zap Math as they apply your use of our services, including our various websites, APIs, email notifications, applications buttons and widgets, and any content including information, text, graphics, photos or other materials uploaded, downloaded or appearing on our services.
By entering, downloading or using Zap Zap Math, you confirm that you are (i) above 18 years of age, (ii) the parent or legal guardian of the individual below 18 years of age who will be using Zap Zap Math or (iii) authorized by the parent or legal guardian to use or make available the use of Zap Zap Math to an individual below 18 years of age, and that you agree to be bound by these terms and conditions.
SHOULD YOU BE BELOW 18 YEARS OF AGE, PLEASE OBTAIN THE PERMISSION OF YOUR PARENT, LEGAL GUARDIAN OR AUTHORIZED ADULT TO COMPLETE THE REGISTRATION PROCESS.
IF YOU DO NOT FALL INTO ANY OF THE CATEGORIES ABOVE OR AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED TO USE ZAP ZAP MATH, DOWNLOAD AND/OR PURCHASE ANY OF OUR PRODUCTS OR SERVICES.
We may make changes to our services, these terms and conditions, and policies that govern the use of Zap Zap Math at any time without prior notice to you. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you. We make no representations, warranties or guarantees, whether express or implied, that our services or any content on our site is accurate, complete or up-to-date. We encourage you to review these terms and conditions periodically for any updates or changes. Your continued access or use of Zap Zap Math shall be deemed to be your acceptance of the changes.
1. Description of Service
Zap Zap Math is an online education application for teachers, parents and students which can be accessed via computer, mobile device or otherwise. Zap Zap Math provides a service to teachers, parents, and students to practise and reinforce math through the use of educational games.
2. Licence to Use
Zap Zap Math grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the Website, mobile application and software that is provided to you by us as part of our services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the services provided by Zap Zap Math, in the manner permitted herein. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, sublicense, or otherwise transfer any right in the software.
3. Account and Security
Zap Zap Math requires you to open an account to use our services. You agree to provide true, accurate, current, and complete information about yourself when registering for an account. You agree to maintain and promptly update this information to keep it true, accurate, current, and complete.
You agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Zap Zap Math immediately of any unauthorized use of your account or password or any other breach of security. Zap Zap Math reserves the right (in its sole discretion) to terminate or suspend your account or otherwise deny you access without notice and without liability.
4. Payment & Refunds
You may use Zap Zap Math or certain portions thereof free of charge or may have the opportunity to purchase further access levels to Zap Zap Math. By electing to purchase access, you will be subject to our payment terms and the relevant rates available at https://www.zapzapmath.com. By registering an account with Zap Zap Math, you agree that we are authorized to charge you for any purchases of our services made by you according to our payment terms. You may terminate your Zap Zap Math account at any time, and cancellation will be effective immediately. Under no circumstances will Zap Zap Math be obliged to provide refunds or credits for any purchases made.
5. Personal Data & Privacy
Additionally, by using Zap Zap Math, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you send to us through the Website or otherwise may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
6. Intellectual Property Rights
All content including text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, and computer code contained on our Website are owned or licensed to Zap Zap Math, and are protected by copyright, patent, and trademark laws, and various other intellectual property rights. No part of the Website may be copied, modified, transmitted, distributed or sold to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Zap Zap Math's express prior written consent.
Permission is given for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer. The contents of the Website are protected by copyright under international conventions and, apart from the permission stated, the reproduction, permanent storage, or retransmission of the contents of this site is prohibited without the prior written consent of Zap Zap Math.
You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us in connection with the your use of our services without any payment to you. Any content you submit to Zap Zap Math will be treated as non-proprietary and will not be returned.
7. Using our Services
Zap Zap Math will not be held responsible for cheating or false identification of users on Zap Zap Math. You shall not attempt to hack, plant bots, spyware or malicious software, gain unauthorized access to any portion or feature of the Website or to any other systems or networks connected to the Website, or to any of the services offered on or through Zap Zap Math.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, mobile application or to any other systems or networks connected to Zap Zap Math.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, or any transaction being conducted on the Website, or with any other person's use of the Website.
You confirm, represent and warrant that all monies transferred to us in payment for any of the services offered on or through Zap Zap Math are not proceeds of an unlawful activity and your use of our services do not present a risk of non-compliance with Zap Zap Math's anti-money laundering obligations. We may refuse to process your transaction if doing so would breach our anti-money laundering obligations.
8. Modifying our Services
Zap Zap Math reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Zap Zap Math, or any portion of the Website, for any reason, (b) to modify or change the Website, or any portion of the Website, and any applicable policies or terms, and (c) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree to indemnify and hold Zap Zap Math, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses, made against Zap Zap Math by any third party due to or arising out of or in connection with (a) your use or misuse of the Website, (b) your breach of these terms, or (c) your violation of any laws.
Zap Zap Math may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. Zap Zap Math reserves the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action.
10. Disclaimer of Warranties
Zap Zap Math does not warrant or assume any responsibility that (a) the information presented in our services is accurate, adequate, current or reliable, or may be used for any purpose other than for general information and do not constitute legal or other professional advice on any subject matter, (b) the information presented in our services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment, (c) messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss, (d) access to the services will be available or be uninterrupted, (e) use of the services will achieve any particular result, or (f) defects in the services will be corrected.
The content of the website and mobile application are delivered on an "as-is" and "as-available" basis. Zap Zap Math cannot ensure that any files or other data you download from the website or mobile application will be free of viruses or contamination or destructive features. Zap Zap Math disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose.
You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services. You are responsible to ensure that your use of the information and the services complies with all applicable legal requirements.
11. Limitation of Liability
Except where prohibited by law, in no event will Zap Zap Math be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Zap Zap Math has been advised of the possibility of such damages.
The entire liability of the entities of Zap Zap Math and your exclusive remedy with respect to the services or otherwise, is re-performance of defective services. In jurisdictions which do not allow the exclusion or limitation of certain types of liability, Zap Zap Math's liability will be limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us or our services. We are not and will not be a party to any transaction between you and any third party.
If, notwithstanding the other provisions of these terms of service, Zap Zap Math is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of Zap Zap Math's services, Zap Zap Math's liability shall in no event exceed the total of any fees with respect to any service or feature of or on the website paid within one year prior to the date of the initial claim made against Zap Zap Math.
You may end your agreement with us at any time for any reason by discontinuing your use of Zap Zap Math's services. You do not need to specifically inform us when you stop using the services. For the avoidance of doubt, any fees paid to Zap Zap Math, whether paid in advance or otherwise, shall not be refunded or reimbursed.
At any time, Zap Zap Math may block your access to the Website and/or temporarily or permanently limit, suspend or terminate your account, for any reason, at its sole discretion, in addition to any other remedies that may be available to Zap Zap Math under any applicable law. Such actions by Zap Zap Math may be taken if Zap Zap Math reasonably believes that you have breached any of these terms in any manner.
Zap Zap Math may at any time, at its sole discretion, cease the operation of the Website or any of its services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Zap Zap Math does not assume any responsibility with respect to, or in connection with the termination of Zap Zap Math's operation and loss of any data.
13. Third Party Links
There may be links from the Website, or from communications you receive from Zap Zap Math, to third party web sites or online features. This may also include third party content that Zap Zap Math does not control, maintain or endorse. Your correspondence and business dealings with others found on or through the Website are solely between you and the applicable third party. You expressly acknowledge and agree that Zap Zap Math are in no way responsible or liable for third party content, sites or online features.
The Zap Zap Math services may include advertisements, which may be targeted to the content or information on the services, queries made through the services, or other information. The types and extent of advertising by Zap Zap Math on the services are subject to change. In consideration for us granting you access to and use of the services, you agree that Zap Zap Math and its third party providers and partners may place such advertising on the services or in connection with the display of content or information from the services whether submitted by you or others.
Links to other websites and services do not constitute an endorsement by us of such websites or services, or the Information, products, advertising or other materials available made available by such third parties.
Zap Zap Math allows you to link to materials on the Website for personal, non-commercial purposes only. In addition, Zap Zap Math provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Website on the pages containing the Embeddable Player. Zap Zap Math reserves the right to discontinue any aspect of the Website at any time.
These terms shall be governed in accordance with Malaysian law and the parties submit to the exclusive jurisdiction of the courts in Malaysia.
If any provision or part of a provision of this Agreement shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such provisions of this Agreement, all of which shall remain in full force and effect.
15. Location and Territorial Restrictions
The information provided by Zap Zap Math pursuant to its services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local applicable law or regulation or which would subject Zap Zap Math to any registration requirements within such jurisdiction or country.
Zap Zap Math controls and operates the Website from offices located in Malaysia and makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in other locations. Anyone using or accessing the Website from other locations do so on their own initiative and solely at their own risk and is responsible for compliance with applicable laws. You undertake, represent and warrant that you will not infringe or violate any laws or regulations that are applicable in your jurisdiction or country when using Zap Zap Math.