Terms of Use
Effective Date: [01/01/2025]
Welcome to ZapCanada! By accessing or using our websites, products, or services, you agree to be bound by these Terms and Conditions. Please read them carefully before using our websites (Zapcanada.ca/Zapcanada.com), our tools(MyZapText) and our services. If you do not agree with these Terms, you must refrain from using our tools, services and websites.
1. Definitions and Interpretation
1.1 ZapCanada: Refers to the tools/service provider offering WhatsApp marketing and social media automation tools. ZapCanada is a product and service wholly owned and operated by Seamwebstudios Inc. All responsibilities for the operation, maintenance, and compliance of ZapCanada rest with Seamwebstudios Inc.
1.2 Client: Refers to the individual, company, or entity using ZapCanada’s websites (Zapcanada.ca/Zapcanada.com), tools, or services.
1.3 Binding Agreement: By accessing or using ZapCanada’s websites (Zapcanada.ca/Zapcanada.com), tools or services the client agrees to be bound by these Terms and Conditions.
2. Acceptance of Terms
By using ZapCanada’s websites (Zapcanada.ca/Zapcanada.com), tools, or services, the client acknowledges and agrees to these Terms and Conditions in full. If the client does not accept these Terms, they must immediately discontinue the use of all ZapCanada offerings.
For any questions or clarifications regarding these Terms and Conditions, please contact us at 647-838-9920.
Terms and Conditions
The client is responsible for ensuring timely payments for all subscription fees, services, or tools provided by ZapCanada. In the event of non-payment, ZapCanada reserves the right to suspend or terminate the client’s access to its tools or services. Reactivation may be subject to additional fees. Unless explicitly stated otherwise, all payments made to ZapCanada are non-refundable.
The client is solely responsible for obtaining and recording clear and explicit consent from any individual before contacting them via WhatsApp or any other social media platforms using Zapcanada’s tools or services. This includes consent for marketing promotions, messages, and any communications initiated through ZapCanada’s tools or services. The client must ensure that all marketing messages sent through ZapCanada tools/services include a clear and accessible mechanism for recipients to unsubscribe or opt-out from further communications. The client is solely responsible for adhering to Canada’s Anti-Spam Legislation (CASL) and any other applicable laws or regulations governing electronic communications. ZapCanada does not monitor compliance and is not liable for any violations. The client agrees to indemnify, defend, and hold ZapCanada harmless from and against any and all third-party claims, demands, liabilities, damages, costs, and expenses (including attorneys’ fees) arising out of or related to the client’s failure to comply with CASL regulations, the client’s failure to obtain proper consent before contacting recipients or any claims brought by communication channel carriers, ZapCanada’s customers, or the client’s recipients related to the misuse or abuse of the services by the client.
The client is solely responsible for obtaining consent from prospects or customers before collecting, storing, or processing any personal information of them. This includes compliance with all applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA). ZapCanada is not responsible for any legal claims arising from the client’s failure to obtain necessary consent for collecting or using personal information of their customers or prospects. The client agrees to indemnify, defend, and hold ZapCanada harmless from any third-party claims, demands, liabilities, damages, costs, and expenses (including attorneys’ fees) arising out of or related to the client’s failure to obtain consent for collecting or processing personal data of its customers or prospects, the client’s misuse of personal information related to its prospects or customers in violation of privacy laws and any claims brought by its prospects, customers, or regulatory bodies due to the improper handling of personal data by the client. If ZapCanada is involved in any legal proceedings due to the client’s misuse or failure to comply with privacy regulations, the client agrees to bear all associated legal fees and damages.
By using the tools/services provided by ZapCanada, you acknowledge and agree that it is solely your responsibility to ensure that your use of the platform and any related services offered by us complies with all applicable advertising laws, regulations, and guidelines, set forth by all the local regulatory bodies and industry-specific authorities.
You agree to indemnify, defend, and hold harmless ZapCanada, its officers, owners, directors, employees, agents, and affiliates from any claims, damages, liabilities, or legal actions arising out of or in connection with your failure to adhere to the advertising guidelines set forth by your local regulatory bodies and industry specific authorities. ZapCanada will not be held liable for any legal or regulatory consequences resulting from your non-compliance, and you assume full responsibility for ensuring that your use of the platform or our services is lawful and appropriate.
ZapCanada reserves the right to modify these Terms and Conditions at any time without prior notice. Changes will be effective immediately upon being posted on our websites. By continuing to use ZapCanada’s websites(Zapcanada.ca/Zapcanada.com), tools, or services, the client agrees to be bound by the updated Terms and Conditions.
ZapCanada shall not be held liable for any indirect, incidental, or consequential damages arising from the use of its tools or services, including but not limited to loss of revenue, data breaches, or legal penalties. The client acknowledges that ZapCanada provides tools and services for marketing and automation purposes and does not guarantee specific outcomes or results. The client agrees not to use ZapCanada’s tools or services for any illegal purposes or any purposes other than their specified business. The client agrees to indemnify, defend, and hold ZapCanada harmless from any legal claims, penalties, or expenses (including attorneys’ fees) arising from the client’s illegal use of the services or tools. If ZapCanada is involved in any legal proceedings due to the client’s misuse, the client agrees to bear all associated legal fees and damages.
These Terms and Conditions are governed by the laws of the Province of Ontario, Canada. Any disputes arising under these Terms shall be resolved exclusively in the courts of Ontario, Canada.