Terms and Conditions of Service
I General
Zoomdek Publishing websites (“Websites”), mobile applications (“Apps”), and related services (together with the Websites and Apps, the “Service”) are operated by Zoomdek Publishing (“Zoomdek Publishing,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Zoomdek Publishing may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Websites for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.
II Description of Website and Service
The Service allows subscribed users to access and use a variety of investigative tools and resources. Zoomdek Publishing may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
III Acceptable Use of, and responsibility of using the Services.
You are responsible for your use of the Services, and for any use of the Services made using your account. You are solely responsible for any conclusions and outcomes you arrive at through using the Services, Apps, and Resources. The Services, Apps, and Resources are provided without prejudice and any information or data garnered, interpreted, or concluded by you are your own interpretations or conclusions and are in no part backed up or supported by Zoomdek Publishing.
IV Your Registration
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Zoomdek Publishing; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Zoomdek Publishing, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
V Your Representations and Warranties
You represent and warrant to Zoomdek Publishing that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules, and regulations of England and Wales, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from England and Wales.
VI Indemnification of Zoomdek Publishing
You agree to defend, indemnify and hold harmless Zoomdek Publishing and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including legal fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
VII License to the Apps
Subject to the terms of these Terms and Conditions, Zoomdek Publishing grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Zoomdek Publishing and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto.
VIII In-App Purchases
If you purchase an auto-renewing periodic subscription through the Service, your Zoomdek Publishing account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your Zoomdek Publishing account and follow instructions to terminate or change your subscription, even if you have deleted your account.
You agree to pay all fees and applicable taxes incurred by you or anyone using a Zoomdek Publishing account registered to you. Zoomdek Publishing may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
IX Payment Processors
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will Zoomdek Publishing be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.
X Refund Policy
All payments are nonrefundable. There are no refunds or credits for partially used membership periods. However, Zoomdek Publishing may grant refunds or credits on a case-by-case basis at our sole discretion. Zoomdek Publishing’s grant of a refund or credit in one instance does not obligate Zoomdek Publishing to provide a refund or credit in the future, under any circumstances. If you cancel your periodic subscription to a paid Zoomdek Publishing service, you will continue to have access to the service through the end of your current billing period.
XI Third-Party Links, Sites, and Services
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Zoomdek Publishing. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Zoomdek Publishing, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly acknowledge and agree that Zoomdek Publishing shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content.
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by Zoomdek Publishing on the Service are subject to change. In consideration for Zoomdek Publishing granting you access to and use of the Service, you agree that Zoomdek Publishing and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
XII NO REPRESENTATIONS OR WARRANTIES BY ZOOMDEK PUBLISHING
The service, including all images, audio files and other content therein, and any other information, property and rights granted or provided to you by Zoomdek Publishing are provided to you on an “as is” basis. Zoomdek Publishing and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Zoomdek Publishing does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
XIII LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will Zoomdek Publishing be liable to you or any third party claiming through you (whether based in contract, tort, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if Zoomdek Publishing has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Zoomdek Publishing’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Zoomdek Publishing for the service in the 12 months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
You understand and agree that we have set our prices and entered into these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.
XIV Termination
Zoomdek Publishing may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Zoomdek Publishing account at any time by following the instructions available through the Service. Sections 1, 6, 8, and 10-28 of these Terms and Conditions shall survive any termination.
XV Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (“Service Content”), are the proprietary property of Zoomdek Publishing or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and Zoomdek Publishing, all data, information, and materials generated from your access and use of the investigative tools, apps and resources made available on or through the Service, shall be exclusively owned by Zoomdek Publishing, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. All rights of Zoomdek Publishing or its licensors that are not expressly granted in these Terms and Conditions are reserved to Zoomdek Publishing and its licensors.
XVI Trademarks
“Zoomdek Publishing” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of Zoomdek Publishing or their respective owners, and certain of them are registered with the United Kingdom Trademark Office or other trademark authorities. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Zoomdek Publishing name or any Zoomdek Publishing or third-party trademarks, service marks, graphics, or logos.
XVII Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at www.zoomdek.com/privacy . By using the Service, you consent to the terms of the Privacy Policy.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to Zoomdek Publishing pursuant to the Copyright, Designs and Patents Act 1988 by providing us with the following information in writing:
an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law of England Wales; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
To contact Zoomdek Publishing to provide Notice of claims of copyright infringement please see our Contact Us information or email admin@zoomdek.com
XVIII Governing Law
These Terms and Conditions shall be governed by and construed under the laws of England and Wales excluding any conflict of laws, provisions, regardless of your country of origin or where you access the Service.
XIX Choice of Forum
Subject to Section 24 (Dispute Resolution & Arbitration), all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in the courts of Kent, England and Both parties hereby consent to the personal jurisdiction of the county and its’ courts sitting in Canterbury, Kent, and waive any objections to venue in those courts.
XX Dispute Resolution & Arbitration
Any dispute or claim relating to these terms and conditions or the service and seeking monetary relief shall be resolved by binding arbitration on an individual basis according to this section.
Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) by email or Certified Mail. This Notice must contain the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference.
The arbitration shall be conducted by a single arbitrator and administered by the Chartered Trading Standards Institute (CTSI) according to its Consumer Arbitration Rules, Procedures for the Resolution of Disputes Through Document Submission, Consumer Fee Schedule, and Supplementary Rules for Multiple Case Filings, and the provisions of this section. For further information please visit Alternative dispute resolution for consumers – GOV.UK (www.gov.uk) The arbitration shall be conducted in England and in the English language.
If a claim is within the jurisdiction of a small claims court, either party may choose to have the case heard in the small claims court on an individual basis, instead of arbitration.
If you do not want to arbitrate disputes with Zoomdek Publishing and you are an individual, you may opt out of this arbitration agreement by sending an email to admin@zoomdek.com within 30 days of the day you first access or use the Service.
Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute resolution process.
XXI Language
This agreement was originally written in English (UK). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
XXII Additional Terms for users outside the UK.
These Terms and Conditions are a contract between you and Zoomdek Publishing, based in the United Kingdom. All paid Zoomdek Publishing Services are developed and operated from the United Kingdom. When you pay for a Zoomdek Publishing Service, your payment goes to Zoomdek Publishing, in the United Kingdom. By purchasing or subscribing to a paid Zoomdek Publishing service, you agree that you are buying an offshore service based in the United Kingdom.
XXIII Miscellaneous
These Terms and Conditions constitute the entire agreement between Zoomdek Publishing and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Zoomdek Publishing or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Zoomdek Publishing may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Zoomdek Publishing and you, and Zoomdek Publishing’s and your respective successors and permitted assigns.
Last revised on 18th May, 2024