This Agreement is legally binding between Communication Technologies Pvt. Ltd, a company incorporated in Sri Lanka wholly owned by Business Communication Technologies Sdn. Bhd, (collectively “company”, “our”, “us”, “we”) and you or the entity that you represent (Hereinafter “you” or “your”), who desires to access and use Zapmail and other related services offered by the Company (“Services”). By accessing and using Zapmail, you agree to comply with the terms, conditions, and notices outlined herein and updated from time to time.
Acceptance of Terms of Use
You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to these terms, do not use any of our Services. Your use of the Services is subject to these Terms of Service. We reserve the right to modify these terms at any time without prior notice. Although we will endeavour to provide you with notice of material changes, your use of the Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions. The Company may modify, suspend, discontinue or restrict the use of any portion of the Services, including the availability of any portion of the content at any time, without notice or liability. If you do not agree to these Terms of Service, do not subscribe to, access, or use the Services. Each time Services are used, an implicit affirmation is given for the acceptance of the Terms herein.
Limited Right to Use
You are granted only a limited, non-exclusive, non-transferable, non-sub licensable license to use the Services, for use solely by you and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Portals or the Services.
Availability of Services
We strive to maintain 24/7 availability of the Services, but we cannot guarantee uninterrupted access due to factors beyond our control, such as hosting service downtime. You agree and acknowledge that the Services will, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures and that the Company shall not be liable for such downtimes. The Company shall not be responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Services. The Company is not responsible for any problems or technical malfunctions of any telephone or fiber network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email to be received by the Company on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to your computer or peripherals related to use or downloading any materials from the Portals or the Services.
Provision of Information and User Conduct
By using the Services, you agree to:
If you encounter any violations of these terms, please contact us at hello@getzapmail.com
Fair Use and Feedback
While some Services are provided with unlimited usage, we respectfully ask of you to not abuse or to excessively use the offered Services that may negatively impact the experience of other users. This policy allows us to monitor usage patterns and take action if a user’s usage is deemed excessive or abusive. Actions may include limiting access to certain features, temporary account suspension, or issuing warnings.
We welcome user feedback and may use it at our discretion without compensation. You may direct your feedback to us at hello@getzapmail.com
Organization accounts and administrators
For business use, the authorized representative of the business may sign up for an account and create additional user accounts as needed. You acknowledge that we have no responsibility for determining whether a particular user is authorized to use the Services.
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.
In cases where there is an admin dashboard available for you; you are responsible for (i) ensuring confidentiality of your organization account password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that we are not responsible for account administration and internal management of the Services for you.You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. In the absence of any specified administrator account recovery process, the company may provide control of an administrator account to an individual providing proof satisfactory to us demonstrating authorization to act on behalf of the organization. You agree not to hold Communication Technologies Pvt. Ltd liable for the consequences of any action taken by the company in good faith in this regard.
User Password and Security
Personal information you provide to the company through the Service is governed by the Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to hello@getzapmail.com or by calling us on directly at +94 76 870 8702. The Company is not liable for any harm related to the misuse or theft of usernames or passwords, disclosure of usernames or passwords, or your authorization to allow another person or entity to access and use the Services using your username or password.
Termination of User Account
You agree to notify the Company immediately when your account is to be terminated by reaching out to us via the direct contact provided during the signup process. You cannot be assured that access has been terminated until you receive confirmation of the termination from the Company. In addition, weekends, holidays and other non-business days could cause a delay in the receipt of such request for termination. Upon cancellation the Services will be discontinued at the end of the existing billing period.
Fees and Refunds
The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different option. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized us to charge the subscription fee to the card last used by you.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
In the event any tax such as GST, VAT, sales tax or the like is chargeable by us in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services (“Taxes”), we will invoice you for such Taxes. You agree to pay us such Taxes in addition to the subscription fees. The company shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.
At Zapmail, we are committed to providing our customers with the best possible experience. However, we understand that sometimes things donʼt work out as planned. Thatʼs why we offer a 30- day money-back guarantee. If you are not completely satisfied with Zapmail within the first 30 days of your purchase, you may request a refund by contacting our team at hello@getzapmail.com
Refunds will be processed within 10-15 business days of the request. Please note that refund will be made from the same medium as the initial purchase.
Intellectual Property
The Services materials, trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by the Company and its third-party vendors and hosting partners. All materials relating to the Services are protected by copyright, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. The Company, its affiliates and licensors retains all right, title and interest in the Services, materials trade names and trademarks, and any parts or elements. Your use of Services and materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the materials relating to the Services is strictly prohibited unless you have received express prior written permission from Company or the otherwise applicable rights holder. The Company reserves all rights to the Services, materials and Portals’ trade names and trademarks not expressly granted in the Terms.
Limitation of Liability
In no event shall you or Communication Technologies Pvt. Ltd, Its affiliates and Business Communication Technologies Sdn. Bhd be liable under this Agreement for any indirect, incidental, special, consequential or punitive damages, or damages for business interruption, loss of profits, revenue, data or use, or cost of cover suffered by the other party or by any third party, whether in an action in contract or tort, and even if the party has been advised of or is aware of the possibility of such damages. Company’s total liability for direct damages suffered by the user or any of its affiliates under this Agreement or related to the Services shall in no event exceed an amount equal to two (2) times the average monthly fee paid by you to the Company under this Agreement.
The Company takes no accountability or responsibility for any damages caused due to a breach of duties under this Agreement.
You are aware and have been made aware at the time of accessing the Portals and subscribing for the Services the functions and capabilities of the said Services offered to you and you shall not thereafter at anytime make any claims against the Company with regard to the result of all such functions if you do not use the Services as advised and/or if the Services are used for illegal activity and/or used for other than the purpose for which it is supposed to be used for and intended as its purpose by the Company.
Operation Disclaimer of Services
We design our Services with care based on our experience and the feedback we have received. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones especially which are related to security and privacy. However, we do not guarantee that the Services will be error free or that our servers are free of viruses or other potentially destructive entities. The user understands that the Company cannot and do not guarantee or warrant that information or files downloaded from the internet will be free of viruses or other destructive code since the traffic flows through multiple nodes beyond the control of the Company and may have possibility of attaching infected or malicious content. The user is responsible for implementing sufficient procedures and checkpoints to satisfy the user’s particular requirements for anti-virus protection and accuracy of data input and output. The Company is not liable for any costs associated with the contraction of viruses, damage to equipment (either hardware or software), or loss of data arising from the utilization of the Services. The Company is not liable for any costs for the replacement of damaged equipment (either hardware or software) or for any loss of data as the result of a virus or other destructive entity contracted through the use of the Services. You use our Services at your own risk and agree to hold us harmless from any and all liability arising from such use.
The user expressly agrees that the use of, or inability to use, the Services is at the user’s sole risk. We are not liable for any consequences of the Services not being fully operational or available and shall be held harmless from any claims or disputes arising from such inoperability or unavailability. You acknowledge that any damages resulting from lack of operability or availability are born solely by you.
Confidential Information
All Confidential Information disclosed hereunder will remain the exclusive and confidential property of the disclosing party. The receiving party will not disclose the Confidential Information of the disclosing party and will use at least the same degree of care, discretion and diligence in protecting the Confidential Information of the disclosing party as it uses with respect to its own confidential information, but in no case less than reasonable care. The receiving party will limit access to Confidential Information to its affiliates, employees and authorized representatives with a need to know and will instruct them to keep such information confidential. Notwithstanding the foregoing, the receiving party may disclose Confidential Information of the disclosing party (i) to the extent necessary to comply with any applicable law, (ii) as appropriate, to respond to any summons or subpoena or in connection with any litigation.
You acknowledge that the Company may use Confidential Information as permitted by applicable law to evaluate possible commercial arrangements between the Company, its affiliates or its recommended vendors and user, and to communicate with user from time to time regarding the Company’s products and services (including, without limitation, third party services) that may improve the efficiency of user’s operations or otherwise benefit user.
The Company may use internet/website analytics software tools and programs that collect, transmit, store, disclose and analyze certain information about the actual use of the Services by users, permitted entities and/or providers (such as, but not limited to, pages viewed, links clicked, help functions used and other workflow information); such information shall not be considered Confidential Information hereunder and may be used by the Company for the purpose of license administration, error resolution and product analysis and improvement.
Indemnification
To the extent allowed by applicable law, user agrees to defend, indemnify and hold harmless Communication Technologies Pvt. Ltd, its affiliates, and Business Communication Technologies Sdn. Bhd and collectively any of its directors, officers, members, shareholders, and employees and their heirs from and against any and all third-party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of or related to user’s use of the Services, or any breach by user of any term or condition of this Agreement. If any such action shall be brought against any indemnified party, they shall notify user in writing and user shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses associated with such action. ny indemnified party shall have the right to employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by user.
Governing Law
This Agreement shall be governed by and construed in strict compliance with the relevant laws and regulations established in the Democratic Socialist Republic of Sri Lanka and Malaysia, as applicable.
Arbitration
Any dispute, controversy or claims arising out of this Agreement or breach, termination or invalidity thereto between the parties shall first be resolved amicably via negotiations.
Any doubt, difference, dispute, controversy or claim arising from, out of or in connection with this Agreement, or on the interpretation thereof or on the rights, duties, obligation, or liabilities of any parties thereto or on the operation, breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice of Sri Lanka.
Assignment
We may transfer, assign, sub-contract or otherwise deal with our rights and/or obligations under this Agreement. You may not transfer or assign this Agreement or your obligations thereunder.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to hello@getzapmail.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if the company breaches its obligations under this Agreement and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
Force Majeure
Communication Technologies Pvt. Ltd, its affiliates, and Business Communication Technologies Sdn. Bhd. shall not be liable for any failure to perform its obligations under this Agreement due to circumstances beyond their control, including acts of God, natural disasters, and government actions.
By using Zapmail, you agree to abide by these terms and conditions. If you do not agree to these terms, please refrain from using the Services.