Terms of use and services | Zaprendo

Terms of use and services

1 Introduction

Welcome to the internet site of Zaprendo (the ‘Site’). These are Zaprendo’s Terms of Use and Services ( the ‘Terms’) and they were last updated on February 04, 2016.

At Zaprendo, we combine technology with powerful teaching strategies to create educational tools that spark joyful learning.

This site is owned and operated by Zaprendo Holdings Limited, (referred to as ‘we’, ‘us’, ‘our’ or ‘Zaprendo’) a company with its registered office at 27 Old Gloucester St., London, WC1N 3AX.

Please read these terms carefully before using our site.

By accessing or continuing to access a Zaprendo service, this site or by downloading a Zaprendo Application (an ‘Application’) and collectively (the ‘Services’) you acknowledge that 1) you are at least 18 years old or other such legal age required to form a contract in your jurisdiction 2) you have the right, authority and legal capacity to enter into this agreement and 3) you have read, understood and agree to be bound by these terms with respect to yourself and any minor child authorised by you.

If you or your parent/legal guardian do not wish to be bound by these terms of service, please exit this website now and do not use Zaprendo’s Services. By using our Site, or by downloading a Zaprendo Application, you signify your agreement to and compliance with these Terms.

If you have any questions on these Terms or there is anything you do not understand, please contact us at [email protected].

2 Accessing zaprendo’s site or services from your mobile device

To access Zaprendo’s site or Services from your mobile device and to download Content (as defined in 4 below), you must have permission from the person who pays the bill for the relevant network provider, sufficient credit as a customer of such network provider and a WAP-compatible mobile device with such facility activated.

3 Data charges

When you access this Site from your mobile device, your network provider’s standard messaging, data and other rates and fees will apply. You should check with your network provider to find out what plans are available and how much they cost.

4 Using the site

These Terms, as amended from time to time and published at www.zaprendo.com/terms and incorporating Zaprendo’s privacy policy published at www.zaprendo.com/privacy, comprise a legal agreement between you and Zaprendo. We may change the Site or delete content or features at any time, in any way, for any or no reason.

This Site and all Services provided through the Site, its Services and Application are only for your personal use. You may not use the Site or Services for commercial purposes or in any way that is unlawful, or harms Zaprendo or any other person or entity.

Zaprendo’s collection, use and disclosure, if any, of information collected from you or a child authorised by you, is detailed in Zaprendo’s Privacy Policy www.zaprendo.com/privacy and is incorporated by reference and forms part of these Terms.

You acknowledge and agree that where Zaprendo Services or Applications contains the ability to create a user account, that you or your child shall have no ownership nor other interest in any account or user profile and agree that all rights in such account and user profile are and shall be forever owned by Zaprendo.

5 Intellectual property and content

The Services and Applications and their original content, features
and functionality are and will remain our exclusive property.

‘Content’ is defined as all digital and print material, including without limitation, information, videos, photos, graphics, music, sounds, text, data, communications, illustration, animations, documentation, and other material and services that users can view on, access through or which contribute to the Services.

Our Content, registered designs, trademarks, service marks, trade names, and trade dress are owned by us and are, where appropriate, protected by the laws of both the United Kingdom and foreign countries. Our Content, registered designs, trademarks, trade dress and any other copyrighted material may not be used in connection with any product or service without our prior written consent.

Zaprendo, and other names, logos and marks are the trademarks and service marks of Zaprendo. You agree that you will not display the Zaprendo trademarks in any manner, without the prior written permission of Zaprendo.

In the event that we offer downloads of software or documentation on a Site and you download such software or documentation, the software or documentation, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the ‘Software’ and the ‘Documentation’) are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the Software nor Documentation to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or Documentation or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

6 Third party websites and services

Our Services may contain links to Third-Party Websites or Services that are not owned or controlled by us. These Third-Party Websites or Services include, but are not limited to, application stores, mobile software platforms, social networking services and payment providers.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Websites or services. We do not endorse, observe, or support these Third-Party Websites and services, or their products and services. You use all links at your own discretion and risk. Our Terms no longer apply when you leave our Site. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Websites or services.

We strongly advise you to read the Terms and privacy policies of any Third-Party Websites or services that you visit.

7 App store and Google Play

When you download our Application through the App Store (Apple Inc. App Store) and or , Google Play (Google Play owned by Google Inc ), you acknowledge that these Terms of Use of Service are between you and us and not the App Store or Google Play. We, not the App store or Google Play, are solely liable for the Services, including but not limited to, the Applications, content, maintenance, support services, and addressing any and all legal claims.

You are responsible for paying all fees charged by the App Store and or Google Play as it regards your use of and access to the Services. By using the Services, including downloading the Application, you acknowledge that the App Store and or Google Play are a Third-Party beneficiary to the Terms and will have the right to implement them.

8 Indemnification

You agree to defend, indemnify and hold harmless Zaprendo, its subsidiaries, affiliates, officers , employees, partner and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer or attorney’s fees), resulting from or arising out of a) your use and access of the Services, or b) a breach of these Terms.

9 Limitation on liability

In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • your access to or use of or inability to access or use the Services;
  • any conduct or content of any third party on the Services;
  • any content obtained from the Services;
  • and unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

These limitations, exclusions and disclaimers in this section and elsewhere
in these Terms apply to the maximum extent permitted by applicable law.

10 Disclaimer of warranties

Your use of the Services is at your sole risk. The Services are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

We, our subsidiaries, our affiliates, and our licensors do not warrant that:

  • the Services will function uninterrupted, secure or available at any particular time or location;
  • any errors or defects will be corrected;
  • the Services are free of viruses or other harmful components;
  • the results of using the Services will meet your requirements; or
  • that the Services will be compatible to your mobile device, nor for any connectivity failure.

11 Exclusions and limitations

You acknowledge that, without limiting the generality of the foregoing and notwithstanding any other provision of these Terms, under no circumstances will Zaprendo ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Services, these Terms, the subject matter of these Terms, the termination of these Terms, Services or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Zaprendo or any person for whom Zaprendo is responsible, and even if Zaprendo has been advised of the possibility of such loss or damage being incurred.

12 Governing law

These Terms shall be governed and construed in accordance with the laws
of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

14 Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

15 Waiver and severability of terms

The failure of Zaprendo to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

16 Miscellaneous

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

17 Violations

Please report any violations of these Terms to [email protected].
Thank you.

18 Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to Zaprendo should be sent to the attention of Customer Service at [email protected].