TERMS OF USE

Last updated on 29st September 2016.



Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below).



The Terms of Use (the “Terms”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 13 years of age, and Inquest Technologies FZE (Inquest Technologies) having its registered office at Dubai Silicon Oasis, Dubai - UAE. All services are rendered by Inquest Technologies through its platform under the brand name ‘Znap’. Hence all the rights, benefits, liabilities & obligations under the following Terms shall accrue to the benefit of Inquest Technologies. (Together with its subsidiaries and other affiliates, “us”, “We” or “Znap”).



The term ‘You’ and ‘User’ shall mean any legal person or entity accessing or using Znap on this Znap website or Znap mobile application (iOS and Andorid) (the “Znap Services”), who is competent to enter into binding contracts.

The terms ‘Company, We’, ‘Us’ and ‘Our’ shall mean the Znap Services and/or the Company, as the context so requires. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the User that the headings shall have no legal or contractual value.

These Terms as well as the Privacy Policy solely govern the use of Znap Services. Any modifications or amendments made thereto by the Company from time to time, at its sole discretion.

Visiting the home page of the Website or Application and/or using any of the Znap Services provided on the Application shall be deemed to signify the User’s unequivocal acceptance of these Terms and the aforesaid Privacy Policy, and the user expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Privacy Policy are contiguous, and that expiry or the termination of either one will lead to the termination of the other.

The User unequivocally agrees that these Terms and the aforementioned Privacy Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by Znap, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Privacy Policy binding on the User, and that the User’s act of visiting any part of the Application constitutes the User’s full and final acceptance of these Terms and the aforementioned Privacy Policy.

The Company reserves the sole and exclusive right to amend or modify these Terms and Privacy Policy without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the services following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms and aforesaid Privacy Policy. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the services.

ELIGIBILITY

The User represents and warrants that:

  • He/she is above 13 years of age to be eligible to use the Znap Services.
  • If you are above 13 year and below 18 year old, you represent that you have attained the assent of your legal guardian above the age of 18 to use Znap Services.
  • She/he have not been suspended, deactivated or removed from the Znap Services before.
  • The Law and regulations are applicable to your registration and use of the Services.

TERMINATION

The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the services offered on Znap, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms and the Policy,


PRIVACY POLICY

Please refer to Znap’s Privacy Policy for knowledge on how information is gathered, used and disclosed. By agreeing to these Terms or using any Znap Services, you here by agree our collection, use and disclosure of information collected as per the Privacy Policy. Please go through our Privacy Policy for more details.


REGISTRATION

To take benefit of our Services, users must register for an account using their mobile or email or can connect through social media API provided on our Services. Registration may require you to provide us with some personal information (Name, Email Id or other contact details and Password), which the user agrees, is accurate and updated at all times. User accepts that the Password she/he chooses to use is solely their responsibility for maintaining confidentiality of their account with our Services and agrees to be accountable for all activities under the user account. Should you find the need to close or delete or inform us due to any security threats on your account, please do write to us immediately at support@znapapp.ae.


CASH BACK PROGRAM

Third party products and services (the “Offers”) will be available on Znap Services. Znap Services provides users with access to mobile application and website where users can upload a picture of their receipt post their purchase to validate the offers. Once validated by us, Cash Back credit gets accumulated in your Znap account. Each of these third-party offers are subjected to their individual additional terms and may be discontinued by Znap at any point of time without notice to the users. Znap reserves the rights to decide if you are or not eligible for a Cash Back for an offer or not. Until the Cash back has been redeemed and claimed by the users, the cash back credit in your Znap account shall remain as a sole property of ZNAP, user have no property rights on the Cash back Credit.


CASH BACK DISTRIBUTION

Once your accumulated your Cash Back balance has touched AED 50 United Arab Emirates Dirham in your Znap Account, you may request to redeem you cash back credit balance for an equal amount of money/cash or redeem it for an equal amount of gift card that may be available on Znap Services. Should you wish not to redeem your Cash Back credits, you may continue to accumulate the cash back credit. Znap has no obligation to transfer your Cash Back credit to you till you request the same. No automatic or no periodic Cash Back credit redemption will be done. It is a sole responsibility of the user to redeem cash back credits. Cash back credits are interest free. The Cash Back credit in your Znap account cannot be transferred, cannot be divided or combined with any other program.


PAYMENT

On accumulating a minimum of 50 (AED) you are eligible to claim or redeem your cash credit from your Znap account, which we will transfer through to your Bank account in our record. It is your responsibility to keep your details updated in our records. Znap is not responsible for any third-party loss or delay of the transfer to you.

If, we don’t not have your transfer details in record, we will send you an email notice to your registered email ID, requesting you to update and provide us transfer details allowing us to transfer your funds. Your Cash Back credit from your Znap account may get forfeited if you do not provide us with your transfer details within 30 days from the date of receiving your email notice on your registered email ID. We request you to keep you email address up to date avoiding a possibility of miscommunication. Znap will not be responsible if the user fails to read their emails, we caution the users to also check their spam emails avoiding the possibility of missing out on any email communication.

Znap is not responsible for any government taxes or statuaries liabilities with regards to the redeemed Cash Back; this is the sole responsibility of the user. If the User does not give us the correct account details and incase transfers have been made to the false account details provided by the user, then Znap will charge the user a penalty based on bank terms and conditions which will be emailed to the customers before making the transfer again. Such fees and penalties will be deducted from the Cash Back and the balance will be deposited.


INACTIVITY FEE

Accounts not active for 12 months will be deemed as inactive. The balance in your Znap account will be cancelled and made null. Thirty (30) days before your account will be declared inactive, we will notify you, by sending an email to your registered email ID with regards to the inactive charges. To reactivate your account, all you have to do is claim one (successful) offer from our Service.


MOBILE APPLICATION

Znap’s mobile application is offered to the customers to make their offer claim process simple and easy. Users will have to download the Application Service on their mobile (please confirm from your respective mobile carrier for charges if downloaded on mobile data). By using our mobile application, you are agreeing to allow us to communicate through the mobile application with respect to our Privacy Policy.


DESKTOP WEBAPP

Znap’s web-app, allows user to access Znap’s Services through a computer or mobile browser too. You can use the web-app service to view and claim offers. By using our web-app services, you are agreeing to allow us to communicate through the web-app with respects to our Privacy Policy.


COMMUNICATION

Users hereby agree to receive calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company at any time, subject to the Privacy Policy. Communication will be done through the contact details provided by the user to us. If the User wishes to stop receiving any such marketing or promotional communication, please drop us a note on support@znapapp.ae mentioning to stop any or all-marketing and promotional communications. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User. Users will also have the option to unsubscribe from any marketing or promotional emails directly from the emails they receive. Simple click unsubscribe in the email if you do not wish to receive any further marketing or promotional emails.


USER OBLIGATIONS

The User agrees and acknowledges that she/he is a restricted user of this Application, and that she/he is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from our Services. Any such use / limited use of the Services will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Services is expressly prohibited.

User agrees not to access (or attempt to access) the Znap Services and/or the materials or services by any means other than through the interface provided by the Znap. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application will lead to suspension or termination of the User’s access to Znap Services. The User acknowledges and agrees that accessing or using the Services provided therein may expose her/him to content that she/he may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Services. The User expressly agrees and acknowledges that the services displayed on the Application or Website are not owned by Znap, and that the same are the exclusive property of certain third parties who have chosen to market their services through the Znap Services, and that Znap is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Services, at its sole discretion.

In places where Application permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Application immediately and without notice, and further that the User’s access to the Application may also be permanently revoked, at the sole discretion of the Company.

Further undertakes not to:

  • Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity.
  • Impersonate any person or entity.
  • Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women".
  • Uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage or affect Znap Services.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, accounts, passwords, servers or networks connected to or accessible through the Applications or any affiliated or linked Applications.
  • Collect or store data about other users of the Application.
  • Use for unlawful or any illegal activity or other activity, which infringes the rights of this Application or any other third party (ies).
  • Violate any code of conduct or guideline, which may be applicable for or to any particular service offered on the Application.
  • Violate any applicable laws, rules or regulations currently in force within or outside UAE.
  • Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Application contained herein or elsewhere, whether made by amendment, modification, or otherwise.
  • Threaten the unity, integrity, defense, security or sovereignty of UAE, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offense, or prevent the investigation of any offense, or insult any other nation.
  • Publish, post, or disseminate information that is false, inaccurate or misleading.
  • Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Application.
  • Engage in advertising to, or solicitation of, other users of the Application to avail services not currently displayed on the Application.
  • Sending Unsolicited offers to other Znap users.
  • Attempting to extract source codes from Znap Services.
  • Anything inappropriate reckoned by Znap.
  • Any third party trade secrets, copy write content, privacy right, patent or any other intellectual property.
  • Attempting to upload receipts not valid for the offer period. Unless and otherwise specified by Znap.
  • Attempting to upload receipts that have already been uploaded by other users earlier.
  • Attempting to upload receipts not holding any offers in Znap services. Unless and otherwise specified by Znap.
  • Try to hide any information while submitting the receipt. Eg: Hiding Date, Product name etc.
  • Try to tamper or extract any information from Znap system or Services causing harm to Znap Services.
  • Submitting Inauthentic, Fake, False, Forged, counterfeit receipts in attempt to claim the offers.
  • Submitting bills for purchased items to redeem cash back from Znap and returning the items back to the retailers or e-retailers.

The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Application. It shall be a violation of these Terms to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Application without the express prior written consent of the Company.


The User hereby expressly authorizes the Znap to disclose any and all information relating to the User in the possession of Znap to law enforcement or other government officials, as the Znap may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that Znap might be directed to disclose any information (including the identity of persons providing information or materials on the Application) as necessary to satisfy any judicial order, law, regulation or valid governmental request.


The User expressly agrees and acknowledges that Znap has no obligation to monitor the materials posted on the Application, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Application by him/her. In no event shall Znap assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Services. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party (ies), nor does it contain any libelous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Application.


THIRD PARTY CONTENT

Znap ties up with brands to bring you the best offer possible. This requires us to get third party links and API’s allowing you to access brand details and content on Znap services. We recommend that you go through the terms of use and privacy policy of the third party before accessing their links and services. Znap does not take responsibility of any content you access through those third party links from our Services.


SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Application, without being required to provide the User with notice or cause:

  • If the User has breached any of these Terms or the Policy;
  • If the User has provided wrong, inaccurate, incomplete or incorrect information;
  • If the User’s actions may cause any damage or loss to the other users or to the Znap, at the sole discretion of the Company.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Znap’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Znap and other distinctive brand features of Znap are the property of the Znap. Furthermore, with respect to the Services created by the Znap, Znap shall be the exclusive owner of all the designs, graphics and the like, related to the Services.


The User may not use any of the intellectual property displayed on the Services in any manner that is likely to cause confusion among existing or prospective users of the Services, or that in any manner disparages or discredits the Company/Services, to be determined in the sole discretion of the Company.


The User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Application/Company, or to the User. The User is aware that the Znap merely provides a platform through which the aforementioned services are listed for users of the Application, and the neither the Company nor the Application owns any of the intellectual property relating to the services displayed on the Application.


The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.


SUBMISSIONS

Any comments, ideas, suggestions, initiation, or any other content contributed by the User to Znap will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to Znap, and that use of such content by Znap does not infringe upon or violate the rights of any third party. In the event of any action initiated against Znap by any such affected third party, the User hereby expressly agrees to indemnify and hold Znap harmless, for its use of any such information provided to it by the User. Znap reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.


DISLAIMER OF WARRANTIES AND LIABILITIES

  • Except as otherwise expressly stated on the Services, all products/services offered on Znap are offered on an "as is" basis without any warranty whatsoever, either express or implied.
  • The User agrees and undertakes that he/she is accessing the Services and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before using any Services listed, or accessing/using any information displayed thereon.
  • Znap and its Services accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any service availed of by the User from the Services.
  • Znap Services does not guarantee that the functions and services contained in the Znap Application/Website will be uninterrupted or error-free, or that the Services or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Services.
  • It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.


Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;


Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said a sole arbitrator to be appointed by Znap will refer dispute to arbitration, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in her/his sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be in the City of Dubai.


The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of the United Arab Emirates, and that the Courts Dubai shall have exclusive jurisdiction over any disputes arising between the Parties.


NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to Znap by the User reducing the same to writing, and sending the same to the registered office of Znap.


INQUEST TECHNOLOGIES FZE

DTEC, Dubai Silicon Oasis, Dubai, UAE.

support@znapapp.ae

MISCELLANEOUS PROVISIONS

  • Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and Znap with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
  • Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  • Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.