How to set-up your terms pages part 1: create your pages’ wording
You need to add pages to your Zapnito site for each of these sets of terms. You may also want to add a page with a community policy, to which users must agree when registering.
Luckily, Zapnito has made this easy with standard wording for each of these pages. You are welcome to use our wording when creating your pages, but please note that we are not responsible for the wording and that you should get it okayed by your own lawyers before finalising your pages.
So, the first step is to get the wording agreed upon. Either take the wording from your existing site, work on new wording or use our standard wording as a guide. Your lawyers will advise you on the best course of action.
If you would like to use our standard wording, you can find that here. Copy and paste it into a new document and then you can refine it with your legal team’s help. (At the very least, the wording [COMPANY] will need replacing with your company’s name!)
Standard T&Cs wording
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
We recommend that you print a copy of these terms for future reference.
License to use the website
Unless otherwise stated, [COMPANY] and/or its licensors own(s) the intellectual property rights in this website and material on this website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download and print content from this website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You may also copy content from this website to others provided that any such copy is accurate and not misleading, is provided free of charge, acknowledges [COMPANY] as its source and prominently features both this limited right to copy and the web address of this website. Restrictions that apply to your viewing, downloading, printing and/or copying content from this website include the following:
- if you republish material from this website (including republication on another website) you must attribute this website as the source of the material;
- you must not sell, rent or sub-license material from this website;
- you must not reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose unless you have express written consent from [COMPANY]; and
- you must not edit or otherwise modify any material you download, print or copy from this website and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of our website in breach of this licence, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You must not:
- use this website in any way that causes, or may cause, damage to this website or impairment of the availability or accessibility of this website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root-kit or other malicious computer software;
- attempt to gain unauthorised access to this website, the server on which it is stored or any server, computer or database connected to it;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [COMPANY]'s express written consent;
- use this website to transmit or send unsolicited commercial communications;
- use the website in a manner which infringes the intellectual property, proprietary or privacy rights of any individual or organisation;
- use this website for any purposes related to marketing without [COMPANY]'s express written consent;
- upload any content to this website which contains personal information about another person or which identifies them (such as their contact details, email address or a picture of them). The only exception to this is where you have obtained the consent from that individual to upload their personal information onto this website.
Access to certain areas of this website is restricted. [COMPANY] reserves the right to restrict access to areas of this website, or indeed this entire website, at [COMPANY]’s discretion.
If [COMPANY] provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
[COMPANY] may disable your user ID and password in [COMPANY]’s sole discretion without notice or explanation. Without limiting the generality of the previous sentence, [COMPANY] may disable your user ID and password if it considers that you have breached any of these terms and conditions or its Community Policy.
In these terms and conditions, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Any user content you upload to this website will be considered non-confidential and non-proprietary. You grant to [COMPANY] a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content and make it available to third parties in any existing or future media. You also grant to [COMPANY] the right to sublicense these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or [COMPANY] or a third party (in each case under any applicable law).
You must not submit any user content to this website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
[COMPANY] reserves the right to edit or remove any material submitted to this website, or stored on [COMPANY]'s servers, or hosted or published upon this website. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights or their right to privacy.
Notwithstanding [COMPANY]’s rights under these terms and conditions in relation to user content, [COMPANY] does not undertake to monitor the submission of such content to, or the publication of such content on, this website. The user content on this website is, therefore, not verified or approved by us. The views expressed by other users on our website do not represent [COMPANY]’s views or values.
This website is provided “as is” without any representations or warranties, express or implied. [COMPANY] makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, [COMPANY] does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
For example, we may suspend, withdraw or restrict the availability of all or any part of our website for business and operational reasons.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
Limitations of liability
[COMPANY] excludes all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
[COMPANY] will not be liable to you (whether under the law of contract, the law of torts, breach of statutory duty or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss;
- for any business losses, in particular, loss of revenue, income or profits;
- loss of anticipated savings;
- business interruption;
- loss of contracts or business relationships;
- loss of reputation or goodwill; or
- loss or corruption of information or data.
Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in the terms and conditions will exclude or limit [COMPANY]’s liability in respect of any:
- death or personal injury caused by [COMPANY]’s negligence;
- fraud or fraudulent misrepresentation on the part of [COMPANY]; or
- any other matter for which it would be illegal or unlawful for [COMPANY] to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Unless it expressly states otherwise, these terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions.
You hereby indemnify [COMPANY] and undertake to keep [COMPANY] indemnified and hold [COMPANY] harmless against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by [COMPANY] to a third party in settlement of a claim or dispute on the advice of [COMPANY]'s legal advisers) incurred or suffered by [COMPANY] arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to [COMPANY]’s other rights under these terms and conditions, if you breach these terms and conditions in any way, [COMPANY] may take such action as [COMPANY] deems appropriate to deal with the breach, including suspending your access to this website, prohibiting you from accessing this website, blocking computers using your IP address from accessing this website, contacting your internet service provider to request that they block your access to this website and/or bringing court proceedings against you.
[COMPANY] may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
[COMPANY] may transfer, sub-contract or otherwise deal with [COMPANY]’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Third Party Websites
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those websites or resources.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions, together with our Community Policy, constitute the entire agreement between you and [COMPANY] in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of England and Wales, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
Registrations and authorisations
[COMPANY]’s VAT number is [COMPANY’S NUMBER].
The full name of [COMPANY] is [COMPANY].
[COMPANY] is registered in the [COUNTRY] JURISDICTION under registration number [COMPANY’S NUMBER].
[COMPANY]'s registered address is [COMPANY’S ADDRESS].
You can contact [COMPANY] by email to [COMPANY CONTACT].
Last Updated: 4 May 2021
Your privacy is important to [COMPANY]. This privacy notice provides information about the personal information that [COMPANY] collects, the ways in which [COMPANY] uses that personal information and your rights. [COMPANY] (“[COMPANY]”, “we” or “us”) is the data controller of the personal information collected via or in connection with [COMPANY].com and community.[COMPANY].com (the “Website”).
What personal information do we collect about you?
[COMPANY] collects personal information from you when you provide it to us directly and through your use of the Website. This information may include the following kinds of personal information:
- information collected automatically about your use of the Website using cookies and other tracking technologies (e.g. what pages you visit and the time and date of your visit). We may also collect information about the device you use to access the Website;
- information that you provide for the purpose of registering or creating a user account with the Website, (e.g. your name, email address, phone number, job title, company name, user credentials and country);
- information you provide to us in order to sign up for our newsletters or to receive a demo of our services (e.g. your name, email address, phone number and company)
- information you provide in order to participate in the Website’s chatrooms (“Rooms”) and discussion boards (e.g. your comments and messages);
- records of your interactions with us (e.g. if you ask us a question on the ‘Chat’ function or if you interact with us on social media);
- any other information that you provide to [COMPANY] or which is necessary for us to process in order to provide and maintain the Website.
What do we use this personal information for?
Depending on how you use our Website, your interactions with us, and the permissions you give us, [COMPANY] may use your personal information to:
- administer the Website and maintain and monitor its usage;
- carry out market research (e.g. we may collect comments and feedback posted on the Website about our services);
- personalise the Website for you and to show you content we think you will be most interested in, based on your browsing activity or user account information;
- enable your access to and use of the Website;
- send you marketing communications and to show you targeted advertising where we have your consent or are otherwise permitted to do so;
- comply with our legal and regulatory obligations; and
- for security purposes, to investigate fraud and where necessary to protect ourselves and third parties.
[COMPANY] will rely on one or more of the following as the legal basis, under data protection law, to process your personal information:
- because the processing is necessary to perform a contract with you, or take steps prior to entering into a contract with you (e.g. where you contact us because you want to purchase our services we will use your personal information to arrange and put in place the relevant contract);
- because we have obtained your consent (e.g. where you contact [COMPANY] with a query, where you add optional information to your user account profile, or if you consent to receive marketing from us);
- because it is in our legitimate interests as a next-generation communications and community platform provider to maintain and promote our services and understand our customers. We are always seeking to improve our services and understand our customers better so that we can provide the best services and customer experience. We will, therefore, rely on legitimate interests where we use your personal information to administer the Website, carry out market research and to secure the Website and the Rooms and discussion boards.
Who do we share your personal information with?
[COMPANY] may share your personal information with third parties in the following circumstances:
- with our suppliers and service providers where they provide services to us which involves them handling personal information on our behalf (e.g. if we use service providers to send email marketing);
- with our professional and legal advisers where [COMPANY] requires professional advice;
- with third parties engaged in fraud detection or prevention;
- with law enforcement or other governmental authorities;
- in the event that we sell any business assets, the personal information of our customers may be disclosed to a potential buyer. In this event, we will make reasonable attempts to ensure the buyer will be bound by the terms of this privacy notice;
- to the extent that [COMPANY] is required to disclose the personal information by law, for instance, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your personal information
[COMPANY] will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information and will store all the personal information we process on our secure servers.
Information relating to electronic transactions entered into via the Website will be protected by encryption technology.
Storage and Cross-border data transfers
We use service providers based around the world. Consequently, your personal information may be processed in countries outside of Europe, including in countries where you may have fewer legal rights in respect of your information than you do under local law. If we transfer personal information to a country outside the UK and the European Economic Area we will, as required by applicable law, ensure that your privacy rights are adequately protected. Please contact us if you would like more information about these transfers.
We will keep your personal information for as long as we need it for the purposes set out in this privacy notice, and so this period will vary depending on your interactions with us. For example, we may keep a record of correspondence with you (for example if you have made a complaint about our services) for as long as is necessary to protect us from a legal claim. Where we no longer have a need to keep your information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.
We love to communicate with our customers and so, depending on your marketing preferences, we may use your personal information to send you marketing messages by email, post and via your browser.
If you no longer want to receive marketing communications from us (or would like to opt back in), you can change your preferences at any time by contacting [COMPANY CONTACT], clicking on the ‘unsubscribe’ link in any email, or updating your settings in your account. If you unsubscribe from marketing, please note we may still contact you with service messages from time to time (e.g. if we need to provide you with information about the services or products you have purchased from us).
You may also see ads for our Website on third party websites, including on social media. These ads may be tailored to you using cookies (which track your web activity, so enable us to serve ads to customers who have visited our Website). Where you see an ad on social media, this may be because we have engaged the social network to show ads to our customers, or users who match the demographic profile of our customers. In some cases, this may involve sharing your email address with the social network. If you no longer want to see tailored ads you can change your cookie and privacy settings on your browser and these third party websites.
Updating this statement
[COMPANY] may update this privacy notice by posting a new version on this website.
You should check this page occasionally to ensure you are familiar with any changes.
You have certain rights in respect of your personal information, including the right to access, correct, and request the erasure of your personal information.
You also have the right to object to your personal information being used for certain purposes, including to send you marketing. See ‘Marketing’ above, for more details of how to opt-out of marketing.
We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request. To make any requests regarding your personal information, or if you have any questions or concerns regarding your personal information, you should contact us using the details below. You are also entitled to contact your local supervisory authority for data protection.
Updating this statement
[COMPANY] may update this privacy notice by posting a new version on the Website.
You should check this page from time to time to ensure you are familiar with any changes.
The Website contains links to other websites. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee its security as [COMPANY] is not responsible for the privacy policies or practices of any third party.
- by email to [COMPANY CONTACT]; or
- by post to [COMPANY ADDRESS].
Last updated: 4 May 2021
- A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
- We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
- You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
Cookies with suffix _session
Description: used by the [COMPANY] platform to identify who you are. Assigned when you log in, this keeps you logged in to the site so you don’t have to constantly re-enter your username and password. This isn’t set unless you are a registered user. Expiration: when the browsing session ends.
Description: Google Analytics cookie, not used in ga.js. Set for interoperability with urchin.js. Historically, this cookie operated in conjunction with the __utmb cookie to determine whether the user was in a new session/visit. Expiration: End of browser session.
Cookies with gs_u_GSN prefix
Cookies with ahoy_ prefix
Cookies with consent_ prefix
Description: Consent cookies to allow the [COMPANY] platform to keep track of which types of cookies you consent to. Expiration: when the browsing sessions ends
Cookies with cf_ prefix
Description: Cookies provided by our web application firewall and content delivery network provider Cloudflare. For full description please see https://support.cloudflare.com/hc/en-us/articles/200170156-Understanding-the-Cloudflare-Cookies
Description: HTML5 local storage used by the [COMPANY] platform to store local data to improve performance of the website to improve the experience of using the site.
- You can change your cookie preferences by visiting https://community.zapnito.com/change-cookies, or y
Last updated: 4 May 2021
As a [COMPANY] Community participant:
- Ensure your contributions are relevant to the network topic.
This Community is about [COMPANY] and how to use it. Any comments, questions or content you create should be on this topic.
- Don’t sell or promote stuff!
Ensure your contributions are not of a promotional nature.
- Complete your profile.
The more detail you add to your profile, the more people will want to engage with you and the more connected you'll be to fellow network participants.
- Be yourself; please never impersonate another person.
- Don't violate someone else's privacy.
You can post your own personal details and contact information (but do remember that this is a public forum), but don't post anyone else's personal details or contact information.
- If you have a personal connection to a story or topic, disclose your connection or, where appropriate, do not contribute at all.
- Cite your sources.
Attribute quotes and paraphrased comments to their proper sources.
- Don't infringe copyright.
If you want to upload a copy of an image, text, video or any other content, make sure you have the right to reproduce them on the [COMPANY] Network. Posting copyright material without permission may be unlawful. If you want to discuss someone else’s work, summarise it in your own words.
- Don't post inappropriate links.
You can only post links to another website if the content on that other site abides with these terms and conditions, and if that other website allows you to post links to their website.
- Remember this is a public forum.
Once your contribution is online, everyone with Internet access may be able to read it. Don't forget that you are legally responsible for what you submit. Please consider how others could perceive your contribution. Please make your contribution clear to ensure that it is not misunderstood. Many different types of people may view your contribution.
- Watch your language.
Please be polite. Do not use swear words, profane, crude or sexual language.
- Don’t be libellous or abusive.
You must not make or encourage contributions that are:
- Defamatory, false or misleading;
- Insulting, threatening or abusive;
- Obscene or of a sexual nature;
- Offensive, racist, sexist, homophobic or discriminatory against any religions or other groups.
- Report inappropriate content.
Please help us maintain high standards of participation. If you consider that a contribution does not comply with these terms and conditions please report it by contacting us. This facility should be used where content is in breach of our terms and conditions, not simply because you disagree with something said.
The [COMPANY] team reserves the right (although not the obligation) to take down any contribution that it feels to be unsuitable, or which is reported as being unsuitable (including without limitation where it considers or is notified that the contribution infringes a third party's intellectual property rights). In such an instance, the person that made the contribution will be notified. If you are aware that contribution has been removed, you must not deliberately resubmit the same contribution.
The [COMPANY] team may in its discretion disable your user ID and password, including without limitation where it considers that you have breached this Community Policy or its Terms and Conditions.