Please read these Terms carefully prior to accepting them. By accepting these Terms, you agree that:
These terms and conditions (Terms) are entered into between Zeal Partners Investments Pty Ltd ABN 29 650 376 015 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy, website terms of use posted on the Platform.
We provide a platform where people offering tools, construction equipment and/or machinery (Tools) for hire (Hirers) and people wanting to hire such Tools (Hirees) can connect and transact (Platform). The Platform is available via our mobile application.
In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Hiree or Hirer; or (2) the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
We collect personal information in a variety of ways, including:
You accept these Terms by registering on the Platform or using the Platform or the services.
You must be 18 years old and have no criminal record to use the Platform.
We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Termination” clause.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
The Platform is a marketplace where Hirees and Hirers can find each other, and advertise Tools and hire Tools online. The Tools that may be hired includes anything from standard hand tools like saws and hammers, to power tools, to larger machinery like cherry pickers and excavators. We provide the Platform to users (including hosting and maintaining the Platform), assist Hirees and Hirers to form contracts for the hire of Tools, process payments between Hirees and Hirers and provide promotional opportunities for Hirers (together the toolZhireTM Services). You understand and agree that we only make available the Platform and the toolZhireTM Services. We are not party to any agreement entered into between a Hiree and a Hirer and we have no control over the conduct of Hirers, Hirees or any other users of the Platform.
Hirees and Hirers may enter into written agreements in relation to the Tools. To the extent there is inconsistency between any additional terms and conditions and these Terms, these Terms will prevail.
A Hirer wanting to advertise Tools for hire creates an Account on the Platform and posts an accurate and complete description of the Tools they can provide including price, availability, conditions or any other pertinent information (Hirer Listing).
A Hiree wanting to hire Tools creates an Account on the Platform to view and browse Hirer Listings.
A Hiree may request to hire Tools described in a Hirer Listing by sending a request through the Platform. The requestis an offer from the Hiree to the Hirer to hire the Tools described in the Hirer Listing (Booking Request).
If the Hirer accepts the Booking Request through the Platform, it becomes a Booking.
By accepting a Booking Request, the Hirer confirms that it is legally entitled to and capable of supplying the Tools described in the Booking Request.
Hirers must include all additional terms and conditions relating to the hire of their Tools in the relevant Hirer Listing or must clearly state that there are additional terms and conditions. By sending a Booking Request, a Hiree is accepting the additional terms and conditions of the relevant Hirer.
We recommend that the parties complete a condition report for the Tools at the beginning and end of each Booking.
As a Hirer, you agree that:
(a) the Tools are properly insured;
(b) you are the legal owner of the Tools (or, if you are not the legal owner, you have all necessary approvals, authorities and consents necessary to hire out the Tools);
(c) the Tools are available to be hired out on the dates specified;
(d) the description and photographs of the Tools are true and accurate and that any flaws or defects are included in the Listing;
(e) you will update the Listing if there are any changes to the description of the Tools;
(f) the Tools are safe, compliant with any relevant safety standards, are of acceptable quality for hire and are fit for purpose;
(g) you will provide the Hiree with all necessary operating or safety manuals relevant to the Tools;
(h) you will liaise with the Hiree to arrange the delivery and pickup of the Tools in accordance with the Booking; and
(i) we are not responsible for any theft or damage to the Tools.
As a Hiree, you acknowledge and agree that when you make a Booking:
(a) you are satisfied with the Listing description and believe the Tools are fit for your purpose;
(b) you must only use the Tools in a proper, safe and careful manner and only for the purpose for which the Tools are designed;
(c) the Tools will remain in your care, custody and control throughout the Booking and that you will not allow any other party to use and operate the Tools;
(d) you will return the Tools to the Hirer at the end of the Booking in the same state and condition as when you took possession;
(e) use of the Tools may require you to hold a valid driver’s licence or other licences and registrations and that you will not use the Tools unless you hold the required licence or registration;
(f) you will use the Tools in accordance with any applicable laws;
(g) you will be responsible to pay all fines and infringements (including towing fees) incurred by you during the use of the Tools;
(h) you must not infringe any third party rights (including property rights);
(i) to protect and maintain the Tools and keep the Tools in good condition throughout the duration of your Booking;
(j) you are responsible for any loss, incurred cost, theft, damage, vandalism or destruction of or to the Tools; and
(k) if you do not return the Tools to the Hirer at the end of the Booking, the Hirer is entitled to obtain the return of the Tools through any manner that is consistent with the law including by engaging a third party or through an order of the court. In addition, you agree to pay the Hirer:
i. a fee equal to twice the Listing Fee that would have been paid for the period between the end of the Booking and when the Tools are actually returned; and
ii. for any costs and expenses (including legal expenses) incurred by the Hirer to obtain the return of the Tools.
We may disclose personal information to:
Overseas disclosure: As a Hirer you may also choose to purchase promotional opportunities, such as a feature in our email marketing or placement on our home page (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. Payment for any Promotional Opportunity must be made in advance. We do not make any representations, warranties or guarantees that any Promotional Opportunity will be fit for any particular purpose, will achieve any specified result, or will provide any benefit. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.
As a Hirer you may also choose to purchase promotional opportunities, such as a feature in our email marketing or placement on our home page (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer and displayed on the Platform or otherwise communicated to you. Payment for any Promotional Opportunity must be made in advance. We do not make any representations, warranties or guarantees that any Promotional Opportunity will be fit for any particular purpose, will achieve any specified result, or will provide any benefit. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.
You must register on the Platform and create an account (Account) to access the Platform’s features. You may only have 1 Account as a Hirer and 1 Account as a Hiree on the Platform.
You must provide information when registering for an Account including your business name, contact name, email address, photo identification (such as a driver’s license) and credit or debit card information and you must choose a password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.
Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are a Hirer, we will review your request for an Account before approving the request. We may request additional information. If you do not provide us with information, we reasonably request or we reasonably suspect the information is incorrect or incomplete, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services, threshold of reviews.
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
Hirees and Hirers can communicate privately using our private messaging service or offline using the listed contact details once a Booking has been made. Hirees and Hirers must not use the contact details to organise the hiring of Tools off the Platform.
It is free to register an Account on the Platform, for Hirees to create Listings, or for other users to review content on the Platform, including Hirer Listings.
As a Hiree, you agree to pay the relevant fees set out in the Hirer Listing (Listing Fees) when a Booking Request is accepted.
In consideration for providing the Platform, we will charge the service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non- refundable, includes the payment processing fee and will be included in the Listing Fees.
If you are a Hirer, you appoint us as your limited payment collection agent solely for the purpose of accepting the Listing Fees from the relevant Hiree. You agree that we will not be required to pay you any amount until we have received the Listing Fees from the relevant Hiree, that we will deduct our Service Fee from any Listing Fees we receive and that we may grant refunds to Hiree in accordance with these Terms.
We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
We provide a number of payment methods on the Platform, including our third party payment processor, currently Stripe. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.
In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.
If the refund/cancellation policy is a matter for the Hirer and Hirer: The cancellation or refund of any services ordered on this Platform is strictly a matter between the relevant Hiree and Hirer. The terms and conditions agreed to between the Hirer and the Hiree must be set out clearly in the relevant Listing.
If refund/cancellation policy is set by the Hirer but subject to a minimum standard as set out here: The cancellation, or refund of any Tools hired through this Platform is a matter between the relevant Hiree and Hirer, subject to the following clauses.
If (1) Hiree and Hirer mutually agree to cancel a Booking; or (2) following reasonable attempts by a Hiree to contact a Hirer for the Hirer to fulfil the Booking, the Booking is cancelled; and (3) we are satisfied that the Listing Fees should be returned to the Hiree, we will return the Listing Fees to the Hiree, provided that the Listing Fees have not yet been paid to the Hirer.
If refund/cancellation policy is determined by the toolzhire: You agree to deal with the cancellation or refund of any Tools hired through this Platform in accordance with the refund policy set out on the Platform.
Variation: If a Hirer and Hiree mutually agree (after discussion via the Platform) to vary a Booking by extending the period of time the Tools are booked for, the Hirer can charge a fee (Variation Fee) through the Platform which the Hiree must pay.
For disputes between Hirees and Hirers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
If we choose to conduct identity verification or background checks on any Hirer, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Hirer or guarantee that a Hirer will not engage in misconduct in the future. Any verification of Hirers on the Platform is not an endorsement or recommendation that the Hirer is trustworthy or suitable. You should do your own due diligence before hiring Tools from a Hirer.
As a Hirer, we may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).
Where you have elected to verify your identity under this clause, you acknowledge and agree that (1) we may contact, connect to or otherwise liaise with Third Party ID Services to validate your identity and information (Identity Check); and (2) Third Party ID Services may provide us with your personal information or sensitive information, and you consent to us receiving and using this information to enable us to perform an Identity Check.
Following a successful Identity Check, you acknowledge and agree that (1) we may permit you to use verification signs, icons or badges in connection with your Account to indicate that a successful Identity Check has been performed (Verification Icon); and (2) a Verification Icon may only be used by the individual or business for whom the relevant Identity Check has been successfully performed and the relevant Verification Icon has been issued, and then, only where that individual is directly providing the relevant Tools for hire.
You acknowledge and agree that (1) the Identity Check and the issuance of a Verification Icon may not be fully accurate, as they are dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks or the Verification Icons, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.
Hirers may review their experience with the Hiree on the Platform, and Hirees may review with the Hirer on the Platform, including the Tools that were hired (each a Review).
Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You can write a Review about a Hirer if you have had an experience with that Hirer, which means that (1) you have engaged the Hirer through the Platform; or (2) you can otherwise document your interaction with the Hirer in relation to the Platform, including via correspondence (collectively referred to as a Hiree Experience).
You can write a Review about a Hiree if you have had an experience with that Hiree, which means that (1) you have been engaged by the Hiree through the Platform; or (2) you can otherwise document your interaction with the Hiree in relation to the Platform, including via correspondence (collectively referred to as a Hirer Experience).
You may not write a review about a Hirer you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Hirer, or work for the Hirer. Similarly, you may not write a Review about a direct competitor to the Hirer you own, are employed by or work for.
Your Hiree Experience or Hirer Experience must have occurred in the 12 months prior to you writing a Review.
You may only write about your own Hiree Experience or Hirer Experience. You are not permitted to write a Review about somebody else’s Hiree Experience or Hirer Experience, such as that of a family member or friend.
We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews (User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform (toolzhireTM Content and together with User Content, Content).
Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform on your personal device(s) and access and view any Content solely for your personal and non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.
You represent, warrant and agree that:
(a) you will not use our Platform, including the Content, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
(e) you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;
(f) where you are a Hirer, you are responsible for complying with all laws, rules and regulations which apply to providing the Tools for hire in your Hirer Listings; and
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Statutory Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
As a Hiree, the Tools hired out by a Hirer may also confer on you certain rights under the ACL.
This clause will survive the termination or expiry of these Terms.
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) your or your personnel’s acts or omissions;
(b) the use or results of any Third Party ID Service or Identity Check;
(c) any use or application of the toolZhireTM Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
(d) any aspect of the Hiree and Hirer interaction including the Tools offered by the Hirer, the description of the Tools requested or offered, any advice provided and the supply and/or delivery of Tools by the Hirer.
(e) any works, services, goods, materials or items which do not form part of the toolZhireTM Services (as expressed in these Terms), or which have not been provided by us;
(f) any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by; and/or
(g) any event outside of our reasonable control.
This clause will survive the termination or expiry of these Terms.
Despite anything to the contrary, to the maximum extent permitted by law:
(a) we will not be liable for Consequential Loss;
(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party (or any of that Party’s); and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the toolZhireTMServices to you or, in our sole discretion, to us repaying you the amount of the Service Fees paid by you to us in respect of the supply of the toolZhireTM Services to which the Liability relates.
This clause will survive the termination or expiry of these Terms.
Your Account and these Terms may be terminated by you at any time, using the ‘cancel Account’ functionality (or similar) in your in the Account page section of your Account settings.
We may terminate these Terms at any time by giving 14 days’ written notice to you (Termination for Convenience). We may suspend your Account or terminate these Terms immediately upon written notice to you, if:
(a) you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;
(b) as a Hirer or Hiree you repeatedly receive reviews below 3 stars; or
(c) you are unable to pay your debts as they fall due.
These Terms will terminate immediately upon written notice by you, if we:
(a) are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or
(b) are unable to pay our debts as they fall due.
Upon expiry or termination of these Terms:
(a) we will remove your access to the Platform;
(b) we will immediately cease providing the toolzhire TM Services;
(c) you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you;
(d) where you are a Hiree, we will cancel any existing Bookings and you will lose any Listing Fees and other amounts paid other than where termination is due to our Termination for Convenience. Where you are a Hirer, we will cancel any existing Bookings and refund the relevant Hirees; and
(e) where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it. This clause will survive the termination or expiry of these Terms.
As a Hirer, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Tools you choose to provide to Hirees. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Hiree and us, or a Hirer and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Western Australia to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. This clause will survive termination or expiry of this Agreement.
Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.
Governing law: These Terms governed by the laws of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship (except to the extent set out in the Payment clause as limited payment collection agent) between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual
Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise),howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact our Privacy Officer at:
Zeal Partners Investments Pty Ltd ABN 29 650 376 015
Email: team@zealpartners.com.au
Last update: 21 July 2021
