Use of the Services
Subject to the Client paying the Fees and complying with the terms of the Agreement, ZappiStore hereby grants to the Client a non-exclusive, non-transferable right to use the Services and to permit its Authorised Users to use the Services solely for the Client's internal business operations.
1. In relation to the Authorised Users, the Client shall ensure that:
Each Authorised User keeps a secure password for their use of the Services;
Neither the Client nor its Authorised Users shall access, store, distribute or transmit any viruses, or any material during the course of its use of the Services that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) depicts sexually explicit images; (iv) promotes unlawful violence; (v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or (vi) in a manner that is otherwise illegal or causes damage or injury to any person or property;
And ZappiStore reserves the right, without liability or prejudice to its other rights to the Client, to disable the Client's access to the Services in the event of a breach of the provisions of this clause.
2. The Client shall not:
Except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to either machine or human-perceivable form all or any part of the Services; or
Access all or any part of the Services in order to build a product or service which competes with the Services; or
Use the Services to provide services to third parties; or
License, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party.
3. The Client shall:
Use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify ZappiStore;
Provide ZappiStore with all necessary co-operation in relation to the Agreement and with such Client Materials, Client Branding and other information as may be required by ZappiStore in order to provide the Services;
Comply with all applicable laws and regulations with respect to its activities under the Agreement;
Carry out all other Client responsibilities set out in the Agreement in a timely and efficient manner. In the event of any delays in the Client's provision of such assistance as agreed by the parties, ZappiStore may adjust any agreed timetable or delivery schedule as reasonably necessary;
Ensure that the Authorised Users use the Services and the Reports in accordance with the terms and conditions of the Agreement and shall be responsible for any Authorised User's breach of the Agreement;
Ensure that its network and systems comply with the relevant specifications provided by ZappiStore from time to time; and
Be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to ZappiStore's data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Client's network connections or telecommunications links or caused by the internet.