TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern the use of the ZAP Platform (as defined below). Please read these Terms carefully. By executing the Registration Form or using the ZAP Platform, You (as defined below) acknowledge that You understand and agree to be bound by these Terms. If You do not agree to these Terms, do not use the ZAP Platform.
ZAPGroup Inc. (the “ZAPGroup”) reserves the right to modify these Terms at any time with or without prior notice, and any changes made will become effective immediately upon posting of the revised Terms.
ZAPGroup shall have the right to suspend or terminate the operation, in whole or in part, of the ZAP Platform for whatever reason. All ZAP Credits earned prior to the termination and rewards offered by the ZAPGroup may be cancelled at the sole option of ZAPGroup. In the event of any suspension or termination of the ZAP Platform, You agree to hold ZAPGroup free and harmless from any claim, damage, loss, expense, suit or liability whatsoever, arising from such suspension or termination.
1.Definitions and Interpretations
1.1.Unless otherwise defined herein, capitalized terms shall have the following meanings:
Business Days refers to any day when commercial banks are open for business in Metro Manila, except Saturday or Sunday or any legal holiday not falling on either a Saturday or Sunday.
Email Confirmation refers to an electronic mail sent to Your email address that evidences the earning or redemption of ZAP Credits by You. It may contain relevant data such as approval code, slip number, and transaction certificate number, among others, for approved ZAP Transactions, or an error message, as the case may be.
POS Confirmation refers to a notification displayed on the POS Terminal that evidences the earning or redemption of ZAP Credits by You at such terminal. It may contain relevant data such as approval code, slip number, and transaction certificate number, among others, for approved ZAP Transactions, or an error message, as the case may be.
POS Terminal refers to a point-of-sale terminal, which is a device provided by ZAPGroup to ZAP Merchants and used for ZAP Transactions.
Registration Form shall mean the electronic application form which shall be executed by an end-user to be eligible to use the ZAP Platform and its functionalities.
Short Message Service or SMS refers to a communication protocol allowing the interchange of short text messages between mobile phone devices.
SMS Confirmation refers to an SMS sent to Your mobile number that evidences the earning or redemption of ZAP Credits by You. It may contain relevant data such as approval code, slip number, and transaction certificate number, among others, for approved ZAP Transactions, or an error message, as the case may be.
Terms refer to these Terms and Conditions, as amended from time to time.
You refers to an individual or entity that executes the Registration Form or uses the ZAP Platform.
Storefront refers to the website created by ZAP Merchants in the ZAP E-Store that allows ZAP Merchants to list, display, and sell products or services to the public. It provides related services and/or tools to facilitate transactions between ZAP Merchants and You.
ZAP Account refers to the account designated by the ZAPGroup for each ZAP User to which ZAP Credits may be stored and redeemed on the ZAP Platform.
ZAP Credit refers to credit or reward points that are honored on the ZAP Platform.
ZAP ID refers to the ZAP Tags, any ZAP application installed on a ZAP User’s smartphone, or the ZAP User’s mobile number duly registered on the ZAP Platform. It is used to identify the ZAP User and interact with the POS Terminal.
ZAP Merchant refers to any business establishment duly licensed to do business and accredited by ZAPGroup to honor ZAP Credits for use within the ZAP Platform.
ZAP Platform refers to the ZAP system owned and operated by ZAPGroup wherein ZAP Users can earn and avail of credits and rewards from ZAP Merchants. This includes, but is not limited to, physical in-store hardware, ZAP IDs, ZAP Accounts, ZAP Credits, online information system, ZAP E-Store, POS Terminals and marketing communications system used in connection with the ZAP Platform.
ZAP E-Store refers to the e-commerce system owned and operated by ZAPGroup integrated with the ZAP Platform wherein ZAP Merchants can create and design their own websites, manage orders, deliveries, and reservations made by ZAP Users, process utilization of ZAP Credits, and conduct ZAP Transactions.
ZAP Tag refers to the smart stickers and cards issued by ZAPGroup for use on the ZAP Platform.
ZAP Transaction Confirmation refers to any or all of the POS Confirmation, SMS Confirmation and/or Email Confirmation.
ZAP Transaction refers to a transaction between a ZAP User and ZAP Merchant that is honored on the ZAP Platform.
ZAP User refers to You and other users of the ZAP Platform.
ZAPGroup refers to ZAPGroup Inc., a company duly organized and existing under the laws of the Philippines, owner and operator of the ZAP Platform, including any of its agents or representatives.
1.2.Unless the context otherwise requires, words importing a gender include every gender and words imputing the singular include the plural and vice versa. Words denoting persons shall include individuals, corporations, partnerships, joint ventures, trusts, unincorporated organizations and any political subdivision, agency or instrumentality.
A.ZAP LOYALTY
2.Eligibility and Participation
2.1.Any interested person may apply for a ZAP ID by executing the necessary Registration Form:
(a)through the ZAPGroup website;
(b)through SMS; or
(c)through any POS Terminal.
2.2.When accomplishing the Registration Form, an applicant should indicate his complete name as appearing in any government-issued identification card.
2.3.Any person at least seven years of age not suffering from any legal disability other than minority may register as a ZAP User.
3.Earning of ZAP Credits
3.1.You must provide Your ZAP ID to the ZAP Merchant before paying for any goods and/or services.
3.2.For every eligible ZAP Transaction, You shall earn the corresponding ZAP Credits based on the total price paid to the ZAP Merchant and the amount of rebate or “cash-back” agreed with such merchant. The total amount of ZAP Credits earned from each ZAP Transaction will be reflected in the ZAP Transaction Confirmation.
3.3.ZAPGroup reserves the right to add or deduct credits from Your ZAP Account, following reconciliation of data from the ZAP Merchants and other sources or other justifiable reasons based solely on its discretion.
3.4.ZAP Credits accrued to Your ZAP Account shall not be considered as cash or cash substitutes. ZAP Credits have no cash or monetary value and cannot be exchanged for or withdrawn in cash.
3.5.Earned ZAP Credits are not transferable to any person or entity and cannot be transferred to any other ZAP Account.
3.6.ZAP Credits cannot be earned when purchasing promotional items, items already on sale with ZAP Merchants, or when availing of other discounts and promotions.
4.Purchasing of ZAP Credits
4.1.You may purchase ZAP Credits by following the steps described in ZAPGroup’s website (www.zap.com.ph) or by using ZAPGroup’s mobile application or a ZAP E-Store.
4.2.Once the purchase of ZAP Credits has been completed and finalized in the manner above-described, the purchase can no longer be cancelled and You shall not be entitled to any refund. Any refunds must be coordinated directly with the ZAP Merchant concerned.
4.3.ZAP has the right to cancel and reverse any purchase of ZAP Credits when it has reason to believe that such purchase was made fraudulently or in violation of these Terms and conditions.
5.Redemption of ZAP Credits
5.1.You must provide Your ZAP ID to the ZAP Merchant before redeeming any of Your earned ZAP Credits.
5.2.Redemption of ZAP Credits constitutes an exchange of earned ZAP Credits with the equivalent value of goods and/or services from the ZAP Merchant. ZAP Credits may only be redeemed at ZAP Merchants.
5.3.ZAP Credits may be used to cover either full or partial billed amount for any transaction with a ZAP Merchant. If the total billed amount exceeds the available ZAP Credits, the ZAP Credits can only be used up to the available balance, and the remaining balance must be paid to the ZAP Merchant using other acceptable payment methods. Only one ZAP Account can be used to pay for each transaction.
5.4.Once a valid redemption of the ZAP Credits has been made, as confirmed by a ZAP Transaction Confirmation, the same cannot be cancelled, revoked or changed unless otherwise provided by these Terms.
5.5.ZAP Credits cannot be redeemed in conjunction with other discounts and promotions.
5.6.ZAP Merchants reserve the right to modify and alter the mechanics and rewards offered by its incentive programs at its sole discretion and without prior notice.
5.7.ZAP Merchants reserves the right to revoke or invalidate any rewards earned through its incentive programs at its sole discretion, at any time.
6.Disputes and Erroneous Transactions
6.1.The details in a ZAP Transaction Confirmation are presumed to be true and correct unless You notify ZAPGroup in writing of any disputes thereon within seven days from the date of the relevant ZAP Transaction. If no dispute is reported in writing within such period, the details in a ZAP Transaction Confirmation are considered conclusively true and correct.
6.2.Disputed transactions shall only be credited back to the Your ZAP Account once ZAPGroup is reasonably satisfied that the claim or dispute has been properly processed, investigated and proven in Your favor.
6.3.Notwithstanding the foregoing, there shall be no reversal of ZAP Transactions made through Your error, mistake or negligence.
7.Validity of ZAP Credits
7.1.ZAP Credits have a validity period determined by the Merchant who issued the ZAP Credits
8.Responsibility over Your ZAP ID
8.1.You shall be responsible for the security of Your ZAP ID. All transactions made using your ZAP ID are conclusively presumed to be made by You and You shall be liable therefor.
8.2.The proper care of Your ZAP ID, as well as the confidentiality thereof shall be Your sole responsibility. In case of loss of Your ZAP ID, You shall immediately inform ZAPGroup of such loss within 24 hours by sending an email to info@zap.com.ph. All ZAP Transactions made prior to the report of loss shall continue to be Your liability.
9.ZAP Account Limit
9.1.Your ZAP Account has a maximum storage limit of 10,000 ZAP Credits. Any ZAP Credits earned above this limit will not be recorded and will be forfeited by You. ZAPGroup reserves the right to increase or decrease this amount as it sees fit without prior notice to You.
10.Dormant ZAP Account
10.1.Your ZAP Account will be considered dormant if You do not have any ZAP Transactions, ZAP Credit redemptions, or web or mobile logins over a 24-month period. ZAP Credits in dormant accounts shall be forfeited and the account deleted from the ZAP Platform.
11.Suspension and Cancellation
11.1.ZAPGroup shall have the right to automatically suspend or bar Your ZAP ID if it has reason to believe that Your ZAP ID was or may be used for fraudulent or suspicious transactions or by an unauthorized person, subject to its sole discretion.
11.2.ZAPGroup shall have the right to temporarily or permanently suspend Your ZAP ID due to any failure to comply with these Terms, other relevant laws and government regulations or any other unauthorized use of the ZAP Platform or any part thereof, subject to its sole discretion.
11.3.ZAPGroup reserves the right to forfeit or cancel ZAP Credits in Your ZAP Account in case of fraud or abuse relating to the use of Your ZAP ID and/or accrual of ZAP Credits, subject to its sole discretion.
11.4.You acknowledge the authority of ZAPGroup to suspend or bar You ZAP ID and/or forfeit or cancel earned ZAP Credits and accordingly, You agree to hold ZAPGroup free and harmless against any and all consequences of such suspension, barring, forfeiture or cancellation, or any loss or damage which You may suffer as a result thereof. You accept that ZAPGroup may, but shall not have the obligation to, inform You prior to taking action pursuant to this clause.
12.Exclusions from Liability
12.1.Your ZAP ID is only valid for the purposes of recording valid and eligible ZAP Transactions with ZAP Merchants. ZAPGroup shall not be liable in case Your ZAP ID is used for other purposes.
12.2.ZAPGroup makes no warranty, express or implied, regarding the ZAP Platform and its functionalities. The use of the ZAP Platform is offered on an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to these Terms. Without limiting the foregoing, ZAPGroup makes no warranty (1) as to the content, quality, or accuracy of data or information provided by ZAPGroup hereunder or received or transmitted using the ZAP Platform; (2) as to any service or product obtained using the ZAP Platform; (3) that the ZAP Platform will be uninterrupted or error-free; or (4) that any particular result or information will be obtained.
12.3.ZAPGroup shall not be liable for any modification and/or alteration of the mechanics and rewards offered or awarded by ZAP Merchants; and/or for any undelivered goods or services, refunds (or lack thereof), defects, damages and after-sales services offered or provided by ZAP Merchants. ZAPGroup does not give any warranty whatsoever in connection with the goods or services of the ZAP Merchants.
12.4.ZAPGroup shall not be liable to You or any third party for any loss, compensation, damage (whether direct, indirect, consequential including loss of profit) or liability, arising, directly or indirectly, from or as a result of:
(a)the refusal of a ZAP Merchant or any establishment to issue, accept or honor ZAP Credits;
(b)the failure of a ZAP Transaction to be completed or honored by a ZAP Merchant for whatever reason whatsoever including damage or malfunction of the POS Terminal or if the POS Terminal is offline or unavailable;
(c)You are unable to complete a ZAP transaction due to unavailability of the ZAP Platform for whatever reason;
(d)any delay, interruption or termination of a ZAP Transaction whether caused by administrative error, technical, mechanical, electrical or electrical fault or difficulty or any other reason whatsoever beyond the control of ZAPGroup, including but not limited to acts of God, fire, flood, lighting, weather conditions, labor disputes, disturbance, action of government, interference or damage by third parties or any change in legislation;
(e)the unauthorized, illegal or fraudulent use or acquisition of a ZAP ID, ZAP Account or ZAP Credits; or
(f)any misrepresentation or fraud by or misconduct of any third party.
12.5.Subject to the dispute procedure under these Terms, ZAPGroup and the ZAP Merchants shall not be liable for ZAP Credits not recorded in Your account for whatever reason, including but not limited to, malfunction of the POS Terminal or force majeure beyond the control of all parties concerned.
13.Limitation of Liability
13.1.In the event of that a claim is made or an action filed by You against ZAPGroup, any of its directors, officers or agents, the aggregate liability of ZAPGroup, its directors, officers or agents shall not in any event exceed P1,000.00 or the amount of damages suffered by You, whichever is lower.
14.Free and Harmless
14.1.You agree to hold ZAPGroup, its officials and employees, free and harmless from any liability to any third party, and to indemnify ZAPGroup against all liability, damages, losses, claims, costs and expenses, penalties and taxes, including legal costs, incurred in connection with Your use of the ZAP Platform. You further agree that ZAPGroup shall not be held liable for any loss or damage resulting from any and all errors unintentionally committed, any computer software or hardware errors (including computer viruses) resulting in the failure to complete a transaction. Neither shall ZAPGroup be held liable for any loss or damage caused by any act or omission of any third party, such as a provider of telecommunication services, internet service provider, or for any circumstances beyond ZAPGroup’s control such as severe weather, flood, earthquake or other natural disasters, fire, war, strike, acts of civil or military authority, equipment failure, interruption or failure of electricity and communication facilities.
15.Data Collection
15.1.You authorize ZAPGroup to collect any information obtained by ZAPGroup in relation to Your use of the ZAP Platform. Such information may include Your demographic, behavior, location or photo. You hereby irrevocably and unconditionally agree that ZAPGroup may use, process, disclose, transfer or otherwise deal with all such information in whatever manner and for whatever purpose as ZAPGroup may deem fit and proper, in accordance with ZAPGroup's Data Privacy Policy.
16.Discretion and Use
16.1.Without giving reason or notice, and without prejudice to other provisions of these Terms, ZAPGroup has the absolute discretion (a) to refuse to approve any ZAP Transaction even if there is sufficient available ZAP Credits; (b) to suspend, terminate or cancel Your right to use the ZAP Platform and/or its functionalities; (c) to impose, increase or decrease ZAP Transaction limits; and/or (d) to introduce, amend, vary, restrict, terminate or withdraw the benefits, services and privileges with respect to or in connection with the ZAP Platform and its functionalities, whether specifically relating to You or generally to all or specific ZAP Users. You agree to hold ZAPGroup free and harmless from any claim, damage, loss, expense, suit or liability whatsoever, arising from its exercise of its rights under this clause.
16.2.The use of the ZAP Platform and the accrual and redemption of ZAP Credits are intended solely for the purpose of tracking and rewarding patronage of accredited ZAP Merchants. Earning and accumulation of ZAP Credits for the purpose of allowing You to exchange the same for the value of goods and services are purely discretionary on the part of ZAPGroup. ZAPGroup shall not have any obligation to You in so far as the use of the ZAP Platform and ZAP Credits are concerned. ZAPGroup shall not be deemed the supplier of the goods and/or services purchased by You from the ZAP Merchants using the ZAP Credits
17.Fees
17.1.You agree to pay such fees and charges related to Your ZAP Account and ZAP ID and their use, as may be imposed by ZAPGroup. Fees and other charges, shall be inclusive of all applicable Philippine taxes and shall be debited from Your ZAP Account or paid up front.
B.ZAP E-STORE
18.Use of ZAP E-Store
18.1.You must be of legal age to access and use the ZAP E-Store.
19.Communication
19.1.You are responsible for ensuring that all information provided via the ZAP E-Store is accurate and complete. This helps ensure that services are rendered correctly and efficiently.
19.2.By using the ZAP E-Store, You consent to receive transactional emails related to your orders or reservations. Updates will be sent to the email address provided by You during the order or booking process.
19.3.You consent that either the ZAP Merchant or ZAPGroup may contact you regarding your reservation or services using the contact details provided in the Registration Form.
20.Order and Reservation Policy
20.1.ZAP Merchants retain the right to cancel or refuse orders and reservations at their discretion, without the obligation to provide a reason.
20.2.ZAP Merchants reserve the right to blacklist You from the ZAP E-Store, at its discretion, in the event You frequently cancel Your orders.
21.Payment Integration
21.1.ZAP Merchants shall impose fees for Your orders in the ZAP E-Store, which can be settled through the ZAP platform or third-party payment integration services.
22.Content and Usage Policy
22.1.You acknowledge that ZAP Merchants’ Storefronts contain images, text, and other content that is protected by copyrights, patents, trademarks, trade secrets, and/or proprietary rights. All trademarks appearing on the Storefronts are trademarks of their respective owners. You are expressly prohibited from reproducing, distributing, or using such content, whether in print or digital form, for any unauthorized purposes. The violation of this clause will result in filing a legal action against you.
22.2.You are strictly prohibited from using the ZAP E-Store to post, transmit, or disseminate any content that is obscene, threatening, defamatory, or otherwise unlawful or inappropriate. Any such conduct will be considered a violation of these Terms and may result in legal action or other consequences.
22.3.The extraction or scraping of any content from the ZAP E-Store, including but not limited to product information, product photos, and contact details, is expressly prohibited. Unauthorized scraping of content may result in filing a legal action against You.
23.Disclaimer and Exclusions from Liability
23.1.ZAPGroup is not liable for the content or services provided by ZAP Merchants; for any loss or damage resulting from the use of the ZAP E-Store or issues arising from order fulfillment; nor for any undelivered goods or services, refunds (or lack thereof), defects, damages and after-sales services offered or provided by ZAP Merchants. ZAPGroup does not give any warranty whatsoever in connection with the goods or services of the ZAP Merchants.
24.Disclaimer and Exclusions from Liability
24.1.You are prohibited from engaging in fraudulent activities in connection with the ZAP E-Store, including but not limited to the impersonation of another person or entity or the use of fraudulent payment methods.
24.2.If you believe that any Storefront is infringing on the rights of another entity, please report the issue at info@zap.com.ph.
C. MISCELLANEOUS PROVISIONS
25.Promotional Messages
25.1.Unless You expressly notify ZAPGroup otherwise, You agree to receive promotional messages either by email, SMS or other communication channels from ZAPGroup, including its agents and assigns, which communication and promotional messages may be based on the Your location and other information.
26.ZAP Tags
26.1.If You are a holder of a ZAP Tag, the same shall remain the property of ZAPGroup. Neither You or the ZAP Merchants shall be allowed to use the ZAP Tags for any purpose other than as stated herein, and neither shall be allowed to sell, transfer, alienate, encumber, or otherwise dispose of the ZAP Tags without ZAPGroup’s prior written consent.
27.Non-Waiver of Rights
27.1.Failure, omission or delay on the part of ZAPGroup to exercise its rights or remedies under these Terms shall not operate as a waiver of rights.
28.Separability
28.1.If any clause or part of a clause of these Terms shall be, or be found by any authority or court of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other clauses or parts of such clauses of these Terms, all of which shall remain in full force and effect.
29.Governing Law and Venue
29.1.These Terms shall be governed by the laws of the Republic of the Philippines. In the event of any suit arising from or in connection with these Terms, the appropriate court in Makati City shall have exclusive jurisdiction over the case to the exclusion of all other courts.