(a) These terms and conditions (Terms) apply when you use this website, https://www.zetaris.com/, and its related websites and applications (Website).
(b) You agree to be bound by these Terms which form a binding contractual agreement between you and us, Zetaris Pty Ltd ACN 158 548 997 (Zetaris, the Company, our, we or us).
(c) If you don’t agree to these Terms, you must refrain from using the Website.
(d) We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended. You should check these Terms periodically for changes.
- ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
We may provide you services (Services), or otherwise make Services available to you, through the Website. Your right to access and use such Services will be subject to your agreement to the applicable service agreement that governs your use of those Services. You must not use or access the Services unless you agree to be bound by the applicable service agreement.
- YOUR OBLIGATIONS
You must not:
(a) share your Account (as defined in clause 5(a)) with any other person or allow any unauthorised use of your Account, password or email or any other breach or potential breach of the Website’s security;
(b) use or attempt to use any Account you are not authorised to use;
(c) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Company;
(d) engage in or promote any conduct that is offensive, harassing, predatory, stalking, violent, threatening, discriminatory, racist, hateful or otherwise harmful against any individual or group;
(e) harvest or collect information about any third parties, including their email addresses or other personally identifiable information;
(f) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(g) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(h) use the Website with the assistance of any automated scripting tool or software;
(i) use or apply the Website in any manner directly or indirectly competitive with any business of the Company;
(j) use the Website to publish any unsolicited or unauthorised advertising, promotional material, junk mail, spam or engage in any other form of solicitation;
(k) act in a way that may diminish or adversely impact the reputation of the Company, including by linking to the Website on any other website; and
(l) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
(i) gaining unauthorised access to Website accounts or data;
(ii) scanning, probing or testing the Website for security vulnerabilities;
(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
(iv) instigate or participate in a denial-of-service attack against the Website.
- INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(a) the Website will be free from errors or defects;
(b) the Website will be accessible at all times;
(c) messages sent through the Website will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Website will be secure or confidential; or
(e) any information provided through the Website is accurate or true.
You acknowledge and agree that your use of the Website is at your own risk.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content (as defined in clause 7(a) below).
(a) To view certain content on the Website, you may be required to sign-up, register and receive an account through the Website (an Account).
(b) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time.
(c) You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) Registration for any Account is void where the user lacks the requisite eligibility for registration or if such registration is otherwise prohibited.
(e) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
(f) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these Terms.
(g) You are entirely responsible for maintaining the confidentiality of your Account information, including your password, and for any and all activity that occurs under you Account. You agree to notify us of any unauthorised use of your Account, password or other security breach immediately. You will be responsible for losses incurred by the Company or any other party for knowingly or inadvertently permitting unauthorised use of your Account.
- POSTED MATERIALS
By providing or posting any information, materials or other content on the Website (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material;
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system;
(h) the Posted Material does not violate any privacy laws or contain any information identifiable to a particular individual;
(i) the Posted Material does not contain any unsolicited or unauthorised advertising, promotional materials, junk mail, spam or any other form of solicitation; and
(j) the Posted Material does not breach or infringe any applicable laws.
(a) You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any intellectual property rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
(c) You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party's intellectual property rights.
(a) The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Website) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
- INTELLECTUAL PROPERTY
(a) The Company retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from the Company or as permitted by law.
(c) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
- LINKS TO OTHER WEBSITES
(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
(c) Your use of other websites or third party content is at your own risk. You should review the applicable terms and policies of any website to which you are directed to from this Website.
- THIRD PARTY TERMS AND CONDITIONS
(a) You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply to your use of the Website and/or any Services.
(b) Your use of the Website and/or any Services is subject to your agreement to all applicable Third Party Terms. You must not use the Website or access the Services unless you agree to be bound by all applicable Third Party Terms.
(c) To the maximum extent permitted under applicable law, we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms or any acts or omissions of the applicable third parties.
(a) The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. To the maximum extent permitted under applicable law, we will not be liable for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website.
(b) You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
- REPORTING MISUSE
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided in these Terms or on our Website.
(a) We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website.
(b) To the maximum extent permitted by applicable law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it.
(c) To the maximum extent permitted by applicable law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website or these Terms.
(d) If our liability to you or any third party cannot be excluded, our maximum aggregate liability to you and any third party will be $100.00.
(e) You agree to indemnify us and our officers, employees, contractors and agents for any loss, damage, liability or injury which is or may be suffered by any person arising from you or your representatives use of the Website or breach of any of these Terms.
- FORCE MAJEURE
We will not be liable for any failure or delay in complying with any obligation imposed by these Terms if the failure or delay arises directly from an any circumstance beyond our control, including without limitation fire, flood, earthquake, explosion, war, insurrection, sabotage, industrial disputes, transportation, embargo, changes in law, pandemics, delays or disruption by government or government agencies.
- ACCESS AND TERMINATION
(a) We reserve the right, at any time and without prior notice, to remove or disable your access to the Website or any part of it for any reason and you agree that we are not liable for any loss suffered by you or any third party as a result of the removal or disablement of the Website.
(b) These terms will continue to apply until terminated or superseded by us. You can terminate your agreement with us by discontinuing your use of the Website at any time. You do not need to inform us if you choose to discontinue use of the Website.
A party to this agreement may direct any questions or comments about these Terms to the Company through the Website. You may also email us directly at firstname.lastname@example.org.
17.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
17.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
17.6 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties with respect to your use of the Website and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation;
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
(k) (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
17.8 LAST UPDATE
These Terms were last updated on 1 June 2021.