Terms and Conditions of Use
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
Welcome to Zwayonline.com. (Zway)
This is a binding agreement between Zway and you (“Agreement”) and governs your use of the websites (www.zwayonline.com and www.app.zwayonline.com) and www.jobsbots.ai
including, without limitation, all content such as text, information, images, applications, templates software and other information, services and materials (collectively, the “Service”) and all information made available to you or by you through this site by
Zway and/or third parties. The "Customer" shall mean the entity or person invoiced by Zway for use of the Service, and a User shall mean a unique user of the Service whether a Customer or not (as defined by unique URL, IP address or other unique identification).
Zway in its sole discretion, reserves the right to revise, update and change this Agreement from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to this Agreement. You agree to use the Service at your own risk and you understand that Zway cannot be responsible for the content posted on the Service. You can review the most current version of this Agreement at any time at http://Zwayonline.com/terms
Payment
Payment for Services using a Zway or JobsBots Account shall be at prices and under terms stated at the Zway website, as otherwise stated or quoted by Zway from time to time. All prices are exclusive of taxes (VAT or otherwise). Payment shall always be made in advance for the entire term of service unless specifically agreed otherwise.
Zway is entitled to adjust the prices and functionality of the Service from time to time.
Adjusted prices shall take effect upon any subsequent term of service. Payment shall be made automatically by charges assessed against the Customer’s credit card or Paypal account or via invoice due to be paid on receipt, as noted on the Zway website or as otherwise instructed by Zway from time to time. In case of non-payment for any reason or any violation of these Terms and Conditions, Zway shall be entitled - without liability - to immediately bar Customer's access to the Service and bar access to the service in question.
In case of suspension of account, you agree and acknowledge that Zway has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
Right of Use
At the time of entering into any contract and this Agreement, the Customer is granted a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to this Agreement. All rights not expressly granted to you are reserved by Zway and its’ licensors.
The right of use is at all times conditioned on prompt and timely payment regarding the Service. Non-payment or delay in payment shall terminate any right of use granted to the Customer under this Agreement.
The Service may not be used in any way that is illegal or promotes illegal activities or in a manner that might be libellous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise indecent.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the content in any way; (ii) modify or make derivative works based upon the Service or the content; (iii) create Internet "links" to the Service or "frame" or "mirror" any content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; (v) attempt to gain unauthorized access to the Service or its related systems or networks; or (vi) use the Service, including the content, our intellectual property rights, Zway technology and our trademarks and service marks for any commercial purposes (i.e. soliciting customers, resale, etc.) without our prior written consent.
Access
Access to the Service is available at www.app.zwayonline.com.and www.jobsbots.ai Upon entering into a contract with the Customer, Zway will provide the Customer with a username and password for accessing the Service.
Access to the Service is only available to the Customer and the Users to whom the Customer grants access, subject to the Customer making the applicable payments for the Service under this Agreement.
Usernames and passwords are personal, and are to be considered part of Confidential Information. The Customer is always fully liable for all acts and omissions by Users whom the Customer has granted access and agrees to indemnify Zway for all claims and losses related to such acts and omissions.
Service Level
Zway will always reasonably attempt to achieve the highest possible availability and shortest possible access time of the Service, but no warranties of any kind, regarding any specific availability or time of access are granted. The Service is hosted either by Zway or a subcontractor of Zway’ choice. All data stored as part of the Service is backed up on a regular basis. If Customers experience loss of data, Zway will with reasonable effort attempt to restore data from the most recent working backup; provided, however, Zway gives no warranties with respect to recovering or restoring any lost Customer data. The Customer is always encouraged to make its own backups of all data stored on the Service.
JobsBots “Shark Swim” Guarantee.
The JobsBots “Shark Swim” guarantee is underwritten and supported by Zway Limited in the UK and USA. It relates to only specific packages as notified on the JobsBots website and is conditional based on the following:
1. The user must accept these terms and conditions via email to sales@zwayonline.com
2. The user must pay for all services at start-up and annual fees in advance and in full.
3. The user must agree to perform all tasks as stated in the Zway training manual and use the product as advertised for any period up to 30 days from the date of service activation.
4. Money back guarantee includes all funds paid to Zway before activation and up to the time of cancellation.
5. Zway will respond to money back claims within 60 minutes and payments and return of funds shall be within 48 hours of the claim being accepted by Zway.
6. The client does not need to give a reason for the guaranteed money back claim.
7. All JobsBots services will be deleted for any user immediately after a shark swim guarantee has been claimed.
8. Claims are only paid out where the users and the client agree to not post any derogatory social media content about JobsBots or Zway. This is to maintain goodwill and to make the transaction seamless. JobsBots Management are not happy if you are not happy, and the “Shark Swim Guarantee” requires no reason if a claim is made within the first 30 days of use.
Data
The Customer and/or User are fully liable for the legality of all data stored by the Customer and/or User on the Service. Furthermore, the Customer and/or User is fully liable, if such data are infringing upon third party rights, and accordingly agrees to indemnify Zway for all claims and losses related to such infringement and/or illegality.
Zway does not own any data, information, or material that you or other users submit to the Service while using the Service ("Customer Data"). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Customer Data that you submit. Zway shall not be responsible or liable for the deletion, correction, destruction, damage, loss ,or failure to store any Customer Data.
In the event that an authorised representative of your employer has properly claimed the company name and linked it with your company registration number during the set-up procedure, given verifying payment details, agreed to the Zway Terms and Conditions and appointed an administrator, then that administrator shall have control over all customer data submitted to the service and all submitted data will be deemed to be the property of the registered company. The administrator will also be able to control the access of users under its account.
Data Protection
Zway is compliant with GDPR and only collects your data to provide you with the services. You have the right to request to view any information we hold on you and to edit that information if you wish. Zway will never disclose or sell your contact data to a 3rd party and will ensure that we restrict access to your personal information to only the people that need to see such information to carry out the services we provide. You have a right to change your own data and manipulate your own contact and permissions as you wish.
Please make a written request to support@Zwayonline.com to be given a self-service access to see and edit any data we hold about you as an individual contact in our database.
Intellectual Property Rights
Zway alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Zway technology, the content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, Zway technology or its intellectual property rights. The Zway name, the Zway logo, and the product names associated with the Service are trademarks of Zway and no right or license is granted to use them.
All copyrights and/or other intellectual property rights, title and interests in a) software on which the Service is based and made available to the Customer and/or User, b) source codes or other software components of the Service, c) content of the website www.Zwayonline.com and the Service including text and graphics, excluding data stored by the Customer and/or User, d) trademarks, names etc. are the sole property of Zway, and/or third parties having granted Zway license for its use, and the Customer and/or User shall gain no rights to said intellectual property rights other than the limited right of use as stipulated in this Agreement.
The Customer and/or User shall not reproduce or redistribute any software, content or trademarks, intellectual property in any form, except as allowed in this Agreement.
The Customer and/or User retain all intellectual property rights regarding data stored by such Customer and/or User on the Service.
Representations & Warranties
Each of you and Zway represent and warrant that it has the legal power and authority to enter into this Agreement. Zway represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Zway help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
Indemnification
You shall defend, indemnify and hold Zway, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties made herein; or (iii) a claim arising from the breach by you or other users of this Agreement, provided in any such case that Zway (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of any such claim (provided that you may not settle or defend any claim unless you unconditionally release Zway of all liability and such settlement does not affect Zway's business or Service); (c) provides to you all reasonably available information and assistance; and (d) has not compromised or settled such claim.
ZWAY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. ZWAY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE SERVICE AND ALL CONTENT IS
PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY AND ITS LICENSORS.
ZWAY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Force Majeure
Zway is not to be responsible for situations or conditions which fall under force majeure, including but not limited to war, riot, uprising, strike, lock-out, fire, flooding, natural disasters, monetary restrictions, import/export embargoes, interruption of electronic traffic, interruptions or breakdowns in energy or communication supplies, attacks of computer viruses, attacks by hackers and force majeure of subcontractors.
Personal Data
To the extent Zway stores or processes personal data on behalf of Users, Zway shall disclose such personal data only according to instructions from such Users. Zway has implemented appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access.
At the request of the User, Zway shall in reasonable respect grant the User sufficient information for the User to ensure that such technical and organizational measures have been taken. Zway is entitled to request payment, at Zway's standard rates for such work.
Term and Termination
Zway services are paid monthly or annually in advance and are not refundable. ZWAY
DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OF
USE OF THE SERVICE. You may cancel your Zway account at anytime, which will be effective immediately. If you wish to cancel your Zway account you may do so via your “Administration / License Management” page. Should you elect to cancel your Zway account, please note that you will not be issued a refund for any charged and paid fees. It is your responsibility to keep your contact and payment information current. You explicitly authorize us to continue billing your credit card on file with us for as long as you continue using the Service, and if your credit card is invalid for payment for any reason, then you remain responsible for any uncollected amounts.
This Agreement shall commence on the date of availability of the Services and will remain in effect for an initial term of contract as stipulated online at the Zway website (the “Initial Term”). Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at Zway's then current fees, if applicable, unless Customer specifically terminates the Services online on Zway’s website.
Upon termination - regardless of reason - Zway shall be entitled to delete any data stored by the Customer under the applicable service plan, after having given the Customer at least thirty (30) days notification of the impending deletion.
You agree and acknowledge that Zway has no obligation to retain the Customer Data, and may delete such Customer Data, more than thirty (30) days after termination of this Agreement. If the Customer and/or User require Zway assistance in obtaining stored data, Zway is entitled to request payment, at Zway's standard rates for such work.
If either party is in material breach of this Agreement, the other party is entitled to terminate this Agreement for cause without notice, if after having given the breaching party a written notice of no less than ten (10) days if the breaching party has not within such notice remedied the breach to the satisfaction of the other party.
For the avoidance of doubt, any termination by either of the parties or the expiry of the term of this Agreement shall only have effect for the future, and shall have no retroactive effects. You agree and acknowledge that Zway has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within thirty (30) days notice of such breach.
Notice
Zway may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Zway's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Zway's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
Modification to Terms
Zway reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Zway website at http//:zwayonline.com/terms. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
Assignment
This Agreement may not be assigned by you without the prior written approval of Zway, but, may be assigned without your consent by Zway to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
General
This Agreement shall be governed by the law of the UK.
This Agreement comprises the entire agreement between you and Zway and supersedes any and all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between us regarding the subject matter contained herein.
