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ZigZag - Terms & Conditions

Please find below the Terms and Conditions (collectively, the “Terms”) to access and use

(1) the ZigZag website located at https://www.ZigZagkid.com/ (the “Website”);

(2) the ZigZag mobile phone application (the “App”);

(3) the ZigZag online web platform located at app.ZigZagkid.com (the “Webapp”),

(4) and the ZigZag Facebook page (the “Social sites”) and

(5) all other related services as described on the Website including any of its contents

(herein after collectively named and referred to as the “ZigZag Platform”) provided by Coherence Technologies Inc. (Creators of ZigZag) and, is conditional on your agreement to these Terms. You must read, agree with, and accept all of the terms and conditions mentioned below . These terms are put forth by Coherence Technologies Inc. (“Coherence Technologies), the creators and owners of the ZigZag Platform and all its products and services. By creating an account, or by using or visiting our Website,User will be presumed to have accepted these Terms and will be bound by them on continuous basis.. We use verifiable email address of agency, center Admin, BCBA/Supervisor, school, therapists, parent and/or any other adult care team member hereinafter referred to as “User/Admin” to ensure only eligible User or Admin is registering and providing consent in accessing the features of our platform.


1. A Special Note About Children

The ZigZag Platform is not designed or intended for use by children under the age of 16, and our Products and Services shall not be purchased by children under the age of 16. We do not intentionally gather personal information from visitors who are under the age of 16. If you are under the age of 16, you are not permitted to submit any personal information to us.


2. Your ZigZag Account

2.1 When you create an account on the ZigZag WebApp, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You shall not use false or misleading information in connection to your account, or trade on the name or reputation of others, and Coherence Technologies may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose Coherence Technologies to claims of third parties. You agree that we may take steps to verify the accuracy of information that you have provided to us.

2.2 You will be responsible for taking reasonable steps to maintain the confidentiality of your login credentials including username and password. You must immediately notify Coherence Technologies of any unauthorized use of your information, your account or any other security breaches. Coherence Technologies will not be liable for any of your acts or omissions, including for damages of any kind incurred as a result of such acts or omissions.

2.3 ZigZag accounts can be set up by therapeutic agencies (Agency), Therapy centers (Centers), Parents, Independent /BCBAs/Supervisors, Special Schools, Schools and Others. The primary account holder who does the set up on ZigZag platform shall be responsible for payment of subscription fees. This user (“Admin”) can add team members to ZigZag upon registration after due verification. It shall be the sole responsibility of the Admin to manage the access to ZigZag by these users.. The Admin can also add clients to the platform and purchase subscriptions for each client. They will need to add the parent of the client as a registered user along with linking all team members to the account. They can also add collaborators to the account. It is assumed that for each such team member who has access to the client’s information, the Admin has taken the parent’s consent and. Coherence Technologies shall not be responsible for this. A parent can also create an account and purchase a subscription directly for ZigZag, in which case they will be considered as Admin to that account and shallbe responsible to manage the team users and their access. ZigZag platform is designed to encourage collaboration between a child’s care team. As a ZigZag registered account holder, each user/Admin shall be responsible to ensure that the child’s privacy is protected. User will be responsible to ensure that any content - photos, videos, audio files, information, documents, materials and any other applicable content uploaded or used does not violate any ZigZag’s Terms and Conditions.

2.4 ZigZag platform is designed to allow electronic consent to programs added by the care team provider. The User/Admin shall be responsible to identify, manage and/or provide consent requirements and its adherence based on individual needs. We are not responsible in any ways on the consent requirements and/or management for programs added by the users.

3. Responsibility of Users of the ZigZag Platform - Website, Webapp, App and/or Social sites

3.1 Your access to, and all of your use of the ZigZag Platform must be lawful and must be in compliance with these Terms, and any other agreement between you and Coherence Technologies.

3.2 We specifically prohibit any use of the ZigZag platform, and you agree not to use the ZigZag Platform, for any of the following:

• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international laws or regulations that would fail to comply with accepted internet protocol;
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating,Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
• Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
• Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
• Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of the ZigZag Platform, or our provision of Services to any other users of the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website.

3.3 In addition, if you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, "Content"), you are solely responsible for the content of, and any harm and damages resulting from that Content regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• The downloading, copying and use of the Content does not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• The Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.


3.4 You are responsible for taking precautions as may be necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Coherence Technologies shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.

3.5 Coherence Technologies (Creators of ZigZag) disclaims any liability for any harm or damages resulting from your access or use of the Website, Products, and/or Services, or access or use of non-ZigZag Platform.
3.6 Coherence Technologies (Creators of ZigZag) reserves the right to (i) remove any Content that violates any ZigZag policy or is in any way harmful or objectionable, or (ii) to terminates or deny access to and use of the Website, Products, and/or Services, to any person for any reason, if it violates any ZigZag policy.


4. Fees and Payments

4.1 The subscription fees are posted on https://www.ZigZagkid.com/ (the “Website”). If you choose to purchase Products and Services from us, we may collect your payment information such as your name, address, phone number, email address, billing address, and payment method. This information is used to process your payments and, if you purchase a recurring Service, to renew your subscription. We use a third party service provider who is PCI DSS compliant to facilitate secure payment processing. Your credit card which will be charged on a monthly basis, and you may change or update your subscription plan.

4.2 All prices are exclusive of, and you shall be liable to pay all taxes, duties, levies or fees, or other similar charges that are imposed on Coherence Technologies (Creators of ZigZag) or on yourself, by any taxing authority (Federal or Provincial). In case of changes in law such that a tax is levied that is or becomes irrecoverable resulting into increase into the costs of Coherence Technologies of delivering the Products and/or Services, Coherence Technologies reserves the right to increase its prices accordingly and retrospectively.


5. User Content Ownership and Copyright Infringement

5.1 ZigZag platform allows users to create and/or upload Content. If you upload any third party owned content, you as registered ZigZag user shall ensure that you are permitted to do so under the laws applicable to you (including having a license or their Consent) and provide attribution (unless the third party waives this right or hasn’t consented to their personal information). Coherence Technologies is not responsible to verify and/or monitor your content in any way.

5.2 While publishing, creating and/or uploading any Content using the ZigZag Platform, you expressly grant, represent and warrant that you have all rights necessary to grant to Coherence Technologies a multi-use, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, sublicensable, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with ZigZag Platform and Coherence Technologies (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels globally.

5.3 We require our users to respect our intellectual property rights. In the case a user infringes upon the copyrights or other intellectual property rights of Coherence Technologies, we may, in its discretion, terminate or deny access to and use of the Website, Products, and/or Services. In the case of such termination, Coherence Technologies will have no obligation to provide a refund of any amounts previously paid to Coherence Technologies.


6. Trademarks

ZigZag, the ZigZag logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, are trademarks or registered trademarks of Coherence Technologies. Your use of the ZigZag platform grants you no right or license to reproduce or otherwise use any of ZigZag trademarks.


7. Limitation of Liability of Coherence Technologies

Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages.


8. Your Representations and Warranties

You represent and warrant that your use of the Website, Products, and/or Services will be in accordance with any agreement between you and Coherence Technologies (ZigZag), the ZigZag Privacy Policy, these Terms, and with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside, and with any other applicable policy or terms and conditions.

9. Indemnification

9.1 Subject to the limitations set forth herein, the Parties agree to defend, indemnify, and hold each other harmless, including its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with (i) a material violation of these Terms, or any agreement between the Parties, or (ii) any allegation that any information or material (including any Content) violates any rights of any third party.

9.2 You understand and agree that, by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected or processed via our Products and/or Services. You will defend, indemnify, and hold Coherence Technologies harmless, without any limitation, for all damages in connection to (alleged) violations of any privacy laws through the use of the Products and/or Services under your account.


10. Privacy Policy

10.1 This Privacy Policy governs how Coherence Technologies Inc (“Coherence Technologies,” “ZigZag,” “us,” “we, “or “our”) collects, uses, discloses and otherwise manages Personal Information and Personal Health Information (collectively, “Information”).

10.2 This Privacy Policy applies to our privacy practices on (1) the ZigZag website located at https://www.ZigZag.com/ (the “Website”); (2) the ZigZag mobile phone application (the “App”); (3) the ZigZag online platform (the “Webapp”), and (4) the ZigZag Facebook page (the “Social sites”) (5) all other services provided by ZigZag, as described on the Website (collectively, the “ZigZag Platform”).

10.3 We follow this privacy policy in accordance with local laws in the locations where we operate.

a. Types of Information We Collect
b. How We Collect Your Information and Secure Your Information
c. Use of Your Information by Coherence Technologies Inc.)
d. Sharing Your Information with Other 3rd party companies
e. How You can Control Your Information
f. Children’s Privacy
g. Changes to this Privacy Policy


10.3 (a) Types of Information We Collect

We collect two basic types of information – personal information, personal health information described below(collectively, “Information”) – and we may use this information to create a third type of information, aggregate anonymous information:
 

• “Personal Information” includes your name, your child(s) name, age phone number, email address, gender, city, state, country of residence
• “Personal Health Information” means information that is collected and/or entered by your care team in the course of providing autism support services to your child. This may include information concerning your child’s physical or mental health history related to his/her autism diagnosis, health status, symptoms, diagnosis and any other information provided. This information may be provided by your care team through the use of “ZigZag Platform and services offered within this platform such as chat services.
• Purchase a Paid Service: If you choose to purchase Services from us, we may collect your payment information such as your name, address, phone number, email address, billing address, and payment method. This information is used to process your payments and, if you purchase a recurring Service, to renew your subscription. We use a third-party service provider who is PCI DSS compliant to facilitate secure payment processing.
• App Activity Information: We may keep track of some of the actions you take on the ZigZag Platform. We use this information in order to not only improve our product and services but also to protect your data from unauthorized access.
• Google/3rd Party API: We use Google Calendar API integration to provide scheduling feature in ZigZag Platform. When you setup the scheduling services, Google OAuth screen will show information that may be shared with us. The Terms & Conditions, privacy policies of Google/3rd party API is applicable when we use their services.
• Access Device and Browser Information: When you access the App from a computer or other device, we may collect information from that device, such as your Internet protocol address (IP address), browser type, and access times (collectively, “Usage Information”). We use Usage Information in order to not only improve our product and services but also to protect your data from unauthorized access.
• Cookies: The ZigZag Platform uses a technology called “cookies”. A cookie is a tiny element of data that the ZigZag Platform sends to your browser, which may then be stored on your hard drive so that we can recognize your browser when you return. We use cookies to remember your preferences and to authenticate you.


10.3 (b) How We Collect Your Information and Secure Your Information

• We collect information you provide us when you register with ZigZag Platform
• We collect information you provide us when you contact our help desk, customer service and/or technical support teams
• We collect information when you purchase a paid service from us. We use third party service provider who is PCI DSS compliant to facilitate secure payment processing.
• We encrypt data transmitted to and from the App. Once we have received your information, we use strict procedures and security features to try to prevent unauthorized access. We take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
• We store all of your Information on secure servers in Canada.
• Some of your personal information may be processed or accessed outside of Canada by ZigZag team and/or partners. Regardless of location, personal information will be protected in accordance with the applicable data protection law and subject to strict safeguards. For example, when we do transfer information outside of Canada, we strive to minimize the amount of information to what is absolutely necessary to achieve the specified purpose.
10.3 (c) Use of Your Information by Coherence Technologies (Creator of ZigZag)

The Information we collect we may use to:

• Provide you with the products and services you request
• Communicate with you about your account or transactions or product features or changes in our policies
 

Consistent with applicable law, we may:

• Send you offers and promotions of products or services.
• Personalized marketing or advertising content.
• Improve our product or services we offer.
• Detect, investigate and prevent activities that may violate our policies or be illegal


10.3 (d) Sharing Your Information with Other 3rd party companies

We will not share your information with other 3rd party companies except in limited circumstances -
 

• When you direct us to share your personal information on social networking sites or specific third parties of your choice.
• If we wish to share your details with a third party enterprise for select purpose, in which case we will take your explicit written permission before doing so.
• We may share generic information for analysis or any other purposes. In that case we will ensure that the same will not disclose your personal identity directly or indirectly which will breach privacy of your information.


10.3 (e) How You Can Control Your Information
In your account section of the ZigZag Platform, you can control your information:

• You may update or correct your registration details
• You may change or update your subscription plan
• You may change or update the care team for your child


10.3 (f) Children’s Privacy
We understand the utmost privacy protections required when collecting information about your child.

• We use verifiable parent email address to ensure only a parent is registering and providing consent in accessing the features of our platform.
• Our Chat feature is accessible only after login into the ZigZag platform using verified parent email address.


10.3 (g) Changes to Privacy Policies
We may update the privacy policies to accommodate industry practices, regulatory requirements and/or for other purposes. Where required by law, we will provide notice for updates to privacy policies and ask for your consent.
11. Miscellaneous
11.1 Each party shall take out adequate insurance in order to cover its risks hereunder, including but not limited to a general- and product liability insurance. Regarding the security, confidentiality and integrity of data, each party is responsible for maintaining appropriate technical and organizational measures for the protection of data processed on their own systems and on third party systems that are in use by the involved party.
11.2 Governing Law. This Agreement is governed by the laws of Canada and British Columbia province. If any dispute arises concerning this Agreement, only Provincial and federal courts in Canada shall have jurisdiction and parties consent to the personal jurisdiction of such courts.
11.3 If legal action or other proceeding of any nature whatsoever is brought in connection with any dispute arising out of this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all attorneys’ fees and costs incurred by the prevailing Party in connection with such dispute.

11.4 DISPUTES AND GOVERNING LAW

11.4 (a) Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved pursuant to the Arbitration Act of BC RSBC 1996 Chapter 55. The place of the arbitration shall be Vancouver.
11.4 (b) Amicable Settlement

 

o The parties shall use their best efforts to settle amicably all disputes including any unresolved controversy or dispute arising out of or in connection with this Agreement (“Dispute”) in the manner specified in this Section
o The party raising the Dispute shall address to the other party a notice requesting an amicable settlement of the Dispute.
o The Dispute will be referred for resolution between the corresponding Authorized personnel of both the parties. The Dispute will then be resolved by them and the agreed course of action documented, within a period of 14 business days.

11.4 (c) If the parties have not resolved the Dispute by the end of the Resolution Period either party may refer an unsettled Dispute in writing for final resolution by a sole arbitrator to be appointed by the parties on mutual consent. If the parties are unable to jointly agree to a sole arbitrator then the reference shall be made to an Arbitral Tribunal comprising three arbitrators of which one will be appointed by both parties each and the third arbitrator shall be appointed by the aforesaid two arbitrators.


11.4 (d) All proceedings in any such arbitration shall be conducted in English.
11.4 (e) The Arbitration shall take place in Vancouver and shall be governed by the provisions of the Arbitration Act of BC RSBC 1996 Chapter 55 for the time being in force or any statutory modification or re-enactment thereof.
o Both the parties shall bear the cost of Arbitration equally and bear their own cost for attorney fees or otherwise.
11.4 (g) Both the parties shall bear the cost of Arbitration equally and bear their own cost for attorney fees or otherwise.


12. For users/visitors from European Union and/or European Economic Area
Currently, ZigZag Platform is not designed for users/visitors from European Union and/or European Economic Area and hence, as such ZigZag Platform is not designed to meet the GDPR requirements. Having said this, if you as a user/visitor from European Union and/or European Economic Area still register for an account with ZigZag Platform, you knowingly signed up for a platform which currently does not meet GDPR standards. Please refer to our Privacy Policy for more details.
13. Disclosure to Government and any other legal disclosures
We may be required to give information to legal authorities if they so request it. We reserve the right to disclose your information in the follow cases:

• As required by law such as to comply with a subpoena, or similar legal process
• If we think in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
• If Coherence Technologies is involved in a merger, acquisition, or sale of all or a portion of its assets. We will provide a detailed information about this to you via email and also through updates on our website.


Contact Us
For any questions or comments about our Privacy Policy, or if you’d like to receive more information about how we secure your personal information, please do reach out to us at customercare@ZigZag.com

The Terms and Conditions were last updated on September 16, 2021.