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ZEZE Website Terms of Use
WEBSITE TERMS OF USE
Updated: November 2020
All terms in BOLD are defined at the Definition section located at the end of this
document.
THIS
TERMS
OF USE SETS OUT THE BASIS ON WHICH YOU AGREE TO
ACCESS AND USE THE
WEBSITE
AND/OR
ONLINE
SERVICES
(COLLECTIVELY
REFERRED TO AS THE “
SERVICES
”). AS SUCH, PLEASE READ THIS
TERMS OF
USE
CAREFULLY.
WEBSITE TERMS
Your access and use of Our
Website
and/or
Online Services
(collectively, Services)
is subject to:
• these Terms of Use;
• our
Privacy Policy;
• any other terms, conditions, notices, or disclaimers displayed on Our
Website
;
(collectively,
Website Terms
).
We make the Services available to You on these Terms of Use. You must only access
and use the Services in accordance with these Terms of Use.
By accessing and using the
Services
You will be deemed to accept these
Terms of
Use
and agree to be bound by it.
Certain legislation, including the Competition and Consumer Act 2010 (Cth) may imply
warranties, conditions or guarantees or impose obligations or remedies which cannot
be excluded or modified. To the extent that such legislation applies, this
Terms of
Use
must be read subject to those statutory provisions and nothing in this
Terms of
Use
is intended to alter or restrict the operation of those provisions.
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Changes to the Website Terms
We may change the Website Terms from time to time by publishing an updated version
to Our Website.
By continuing to use the Services, You will be deemed to have accepted the updated
Website Terms and agree to be bound by them.
REGISTRATION
We may require You to register with Us in order to access some parts of the Services.
You are solely responsible for the use of Your user account, and must ensure that You
keep all passwords secure. You will be responsible for any access to the Services
using Your registration details, even if that access is by another person.
WEBSITE ACCESS AND AVAILABILITY
We reserve the right to modify, discontinue, or disable all or part of the Services, on
either a permanent or temporary basis, at any time. We will endeavour to provide You
with prior notice of any modifications by posting on Our Website, however You accept
it may not always be possible to provide prior notice.
We may suspend, terminate or limit Your access to all or part of the Services at any
time if You breach the Terms of Use.
WEBSITE USE
No Unlawful, Infringing or Offensive Activity
You must not post, transmit to or via Our Website and/or Online Services any
information or content which breaches any laws or regulations, infringes a third party’s
rights or privacy or is offensive or contrary to any relevant standards or codes,
including generally accepted community standards. You must not permit or enable
another person to do any of those things.
You must not transmit any advertising, promotional materials, or similar materials
without Our express written permission.
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Examples of unlawful, infringing or offensive activity includes, but is not limited to,
content or material that:
• is false or misleading, abusive, harassing, defamatory, offensive, humiliating,
vulgar, obscene, pornographic, racist, discriminatory, or invasive of another’s
privacy;
• is an infringement of the intellectual property rights of another party;
• is not owned by You;
• may encourage criminal activity;
• contravenes any applicable laws, regulations, codes and standards;
• disturbs or damages Our Website, Online Services or its Content;
• damages Us or Our reputation; or
• otherwise breaches these Terms of Use.
We may withdraw or alter any content or material You provide Us for display on Our
Website at our absolute discretion, including, without limitation, if We:
• reasonably consider it is inappropriate, offensive, misleading or deceptive,
defamatory, incorrect or in any other way a breach of these Terms of Use or
any law or third-party rights; or
• are instructed to do so by any third party.
No Viruses or Other Interference
You must not transmit to or via the Services any virus or any other information or
material or otherwise use the Services in a way which:
• tampers with, hinders the operation of, or makes unauthorised modifications
to the Services;
• inhibits any other user from using the Services;
• violates the security of the Services or accesses any other unauthorised
areas of the Services.
LIABILITY
No Warranties or Representations
We use reasonable care and skill in operating the Services, We cannot guarantee that
the Services and/or Your access to the Services will be continuously available,
uninterrupted, timely, secure or virus or error free.
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GENERAL
Inconsistent Terms
To the extent that any terms of this Terms of Use are inconsistent with any other
terms displayed on individual pages of Our Website (other terms), the other terms will
govern to the extent of the inconsistency only.
No Waiver for Breaches
If We do not act in relation to a breach of the Website Terms by You, We do not waive
any rights to act in relation to that breach or any later breach by You.
Privacy and Personal Information
Any personal information collected by Us through the Services will be handled in
accordance with our Privacy Policy.
Unenforceable Provisions
If any provision of the Website Terms is invalid or unenforceable in a jurisdiction, the
provision should be read down or severed in that jurisdiction to the extent of the
invalidity or unenforceability. It will not affect the validity or enforceability of that
provision in another jurisdiction or the remaining provisions.
Governing Law
The Website Terms are governed by the laws in force in Victoria, Australia.
You and We submit to the non-exclusive jurisdiction of the courts of Victoria and waive,
without limitation, any claim or objection based on absence of jurisdiction or
inconvenient forum.
Definitions
The following terms have the following meanings in this Terms of Use:
(a)
Content means content, information or material made available on or via the
Services, including but not limited to text, sounds, music, software, photographs,
videos, data, graphics, images, logos, button icons, audio clips, messages, links,
digital map data, directory listings or any other content made available on the
Services.
(b)
Online Services means any functions, features, access to and use of the
internet, internet information and/or other services, various service and
communication channels and facilities through the internet, or communication facilities
or services made available by ZEZE. from time to time subscribed or to be subscribed
by You in connection with the Online Services.
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(c) ZEZE refers to ZEZE Pty Ltd (ACN 645 553 635) and/or its Subsidiaries, as may
be applicable.
(d) Services includes ZEZE Website and/or Online Services, and Products
(e) Subsidiary has the meaning given to it under the Corporations Act 2001 (Cth).
(f) Terms of Use refers to these terms and conditions which govern the relationship
between You and ZEZE for the use of the Services to which You are granted
permission to access.
(g)
websites, which are subject to change from time to time.
(h) We, Our or Us refers to ZEZE.
(i)
You and Your refers to the person or entity accessing and using the Services.
