Vappar (we, our, us) provides the use of mobile device and web applications and a backend management system (our services) that allow (your organization) a way to provide information, resources and tools for administrators and other stakeholders (you, your). Your use of our services constitutes agreement to these Terms of Service (this agreement).
You must be an administrator, officer, director, principal, superintendent or authorized staff member (authorized person) to complete the organization registration form (enrollment form) which can be submitted online. Please read this agreement carefully before completing the enrollment form. Submission of the enrollment form constitutes a binding agreement for your organization to purchase the use of our services for a minimum term of one (1) year to begin.
We reserve the right to modify or replace any part of this agreement. We will notify the authorized person(s) for your organization of any substantial changes to this agreement and provide opportunity for review and comment on the revised terms before continuing to use our services. Your continued use of our services following any change to this agreement constitutes your acceptance of our amended terms, policies or guidelines.
Pricing is determined by what is published on our website and the options selected on the enrollment form. Payments are only accepted online through credit cards, debit cards etc.
Your organization’s account will automatically renew at the end of each term unless an authorized person instructs us of your organization’s intent to discontinue our services within 30 days receipt of an invoice for the new term whichever is later. Subsequent year pricing that is listed on our website is an estimate of the expected annual costs and is not guaranteed to remain the same.
Our services are designed to be intuitive, simple and easy to learn. We will provide training for authorized persons and employees of your organization on request for best practices and usage of our services via phone or web conference. On-site training is available on request at an additional charge.
We will provide technical support through email and by phone and will put forth our best efforts to respond to any request for support within one business day. You may email us your support request at firstname.lastname@example.org, call us at +92 300 911 8007 or click here to contact us through our website.
You are responsible for maintaining security of the login information provided to allow you to access our services and you are fully responsible for all activities that occur through your account. We are not be liable for any acts or omissions, including any damages of any kind incurred as a result of such acts or omissions.
You are responsible for any text message, push notification, data, picture, video, audio, hyperlink, file or other information of any kind that you cause to be published through our services whether by posting, uploading, emailing or otherwise transmitting to us or through our services (content) and any harm resulting from the content. For any content that you transmit to us or otherwise cause to be published through our services, you represent and warrant that:
We reserve the right, though not the obligation, to refuse or remove any content that violates any of our policies or is in any way harmful, objectionable or that we deem inappropriate; or terminate or deny access to your use of our services.
Our services may contain advertisements unless an authorized person for your organization instructs us via email, in writing or by indicating on the enrollment form that your organization elects to “opt-out” of any advertising or sponsorship agreements. Advertisements may be in the form of banner or interstitial images or videos that display before, after or along with your organization’s content or sponsored notifications. Unless opted-out, we may solicit advertisement sales, negotiate advertising terms and collect payments from advertisers on behalf of your organization. We agree to credit your organization’s account with 30% of the share of any advertising contracts sold exclusively for your organization and a portion of your organization’s pro-rata share of any advertising contracts that are not exclusive for your organization. Your organization’s pro-rata share will be determined by the terms of the advertising contract and may be based on a variety of factors including, but not limited to, the total number of downloads, active users, clicks or impressions.
An authorized person for your organization may request that we discontinue our services for your organization at anytime by notifying us in writing. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our services are provided “as is”. We hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warranty that our services will be error-free or that your access to our services will be continuous or uninterrupted. Your use of our services is at your own discretion and risk.
In no event will we be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that:
You agree to indemnify and hold harmless us, our contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our services.
This agreement constitute the entire agreement between us, your organization, your organization’s authorized person(s) and you concerning the use of our services, and may only be modified by a written amendment signed by an authorized executive of Vappar Private Limited Registered at SECP, Pakistan, or if we post a revised version of this agreement.
Except to the extent applicable law, if any, provides otherwise, your use of our services will be governed by the laws of the state where agreement has been executed and/or customer is located, excluding its conflict of law provisions, and the proper venue for any disputes arising out of your use of our services will be the state and federal courts located in Islamabad, Pakistan or State, where agreement has been executed and/or customer is located. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration, by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Islamabad, Pakistan, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.