Terms & Conditions of Use
Important Legal Notice:
We reserve the right to change these Terms from time to time.
Effective Date: 1 Nov 2018
1. Definitions of Important Words
App: means any current or future version of the Zellebrate App via which you access the Service.
Google Maps: means the service provided by Google at https://maps.google.com.au and as amended or developed from time to time by Google.
Product: means any retail product on a Retailer Website and advertised via the App.
Retailer: means any retail provider whose store or Products are advertised via the App.
Retailer Store: means a physical store wholly owned by a Retailer and advertised in the App, including via an integration with Google Maps.
Retailer Website: means the websites wholly owned by a Retailer to their own web address as amended or developed from time to time by the Retailer and linked to the App but which is not maintained or controlled by Zellebrate.
Service: means the platform for the advertising of the Retailer’s Website and Retailer Store via the App, including via an integration with Google Maps.
Zellebrate: Zellebrate Holdings Pty Ltd (ACN 612 587 818), being a company registered at 40 Bowen Street, Camberwell, Victoria 3124 (also referred to as we or us in these Terms).
These words are important and have special meanings in these Terms so it would be great if you read them.
2. How You Can Access Our App
2.1. Personal Information
2.2. Account Password
If you choose to register an account we will provide you with a user name and you will be required to select a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.
2.3. Acceptance of Terms
By accessing any part of the App, you indicate that you accept these Terms. If you do not accept these Terms, you should not use any part of the Service or functionality of the App.
2.4. Revision of Terms
We may revise these Terms at any time. You should check the App regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that you use the Service.
You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your device or account are aware of these Terms and that they comply with them.
When you use our App you are accepting these Terms and agree to be bound by them.
3.1. Display of Prices & Taxes
Prices for individual items will appear on the App in Australian dollars. These prices may exclude charges imposed by the Retailer (such as delivery fees or surcharges).
3.2. Incorrect Pricing
This App contains information of a large number of Products and Retailer Websites. It is possible that some of the Products may include incorrect prices. You should check the correct pricing with the Retailer at the time of purchasing the relevant Products, associated goods or services. Prices displayed on Retailer Websites are not controlled by Zellebrate. Zellebrate accepts no responsibility associated with incorrect pricing or other errors of any kind in the App.
Whenever we list a price for a product we do our very best to get it right and keep it current – but we can be wrong occasionally (or the retailer / non-retailer may have made a mistake) so please bear that in mind.
4. Retailer Locations
This App contains information of a large number of Retailer Stores that may change from time to change. You should check the correct address of Retailer Stores at the time of going to the Retailer Store. Retailer Store locations are not controlled by Zellebrate. Zellebrate accepts no responsibility associated with incorrect location data or other errors of any kind in the App.
Shops and businesses can change locations or cease to exist at any time which is beyond our control and there may be a time lag before our systems are updated or informed. So always double check directions to shops just in case.
5. Quality & Complaints
5.1. Complaints or Feedback
In the event that you would like to express your opinion on the quality of any goods or services provided by a Retailer, please contact the Retailer directly using the contact information provided in the App or as may otherwise be provided by the Retailer.
If you are dissatisfied with the quality of any products or the service provided by a Retailer and wish to seek a refund or any other compensation, you should contact the Retailer directly to lodge your complaint and, where appropriate, follow the Retailer’s own complaint procedures. Zellebrate has no control over Retailers and the quality of the individual Products or service that they provide, or the accuracy of any information contained in a Retailer Website and we do not provide, and have no responsibility or liability for providing, any compensation, refund, discount or other benefit to you, whether on behalf of any Retailer or otherwise.
We make Apps, not the products / services we list as being sold. So if you aren’t happy with what you bought, you’ll need to take it up directly with the retailer (not us).
6. Your License to Use Our App
6.1. Permitted Use
You are permitted to use the App for your own personal non-commercial use on the following basis:
- You must not misuse the App (including by hacking, for example).
- Unless otherwise stated and except to the extent owned by Retailers or their licensors, the copyright and other intellectual property rights in the App and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the App other than in accordance with paragraph 8.1 is prohibited.
- You are not allowed to use, disseminate or reproduce any of the materials on the App for commercial purposes without obtaining a licence from us to do so.
6.2. Limitations on Use
Except as stated in paragraph 6.1, the App may not be used, and no part of the App may be reproduced or stored in any other App or included in any public or private electronic retrieval system or service, without our prior written permission.
6.3. Reservation of Rights
Any rights not expressly granted in these Terms are reserved.
You can use our App because we’re nice like that but please be nice back and don’t break the rules.
7. Your Access to Our Services
7.1. App Availability
While we try to ensure the App is normally available twenty-four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the App is unavailable or otherwise not fully or properly functioning at any time or for any period.
7.2. Suspension of Access
Access to the App may be suspended temporarily at any time and without notice.
7.3. Information Security
The transmission of information via any application like the App is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the App; any transmission is at your own risk.
We promise to try and have our App running all the time but sometimes it might not work.
9.1. App Information
We may make changes to the material on the application or the Service, at any time without notice.
9.2. Product Lists
Products listed on the App are subject to change. Retailers may alter their Products at any time.
These are some important things you need to know that limit our liability to you
We are always working and updating our App so things might change from time to time.
9.3. Viruses & Malware
Zellebrate does not represent or warrant that the App or any other material accessible from the App, including but not limited to Retailer Websites is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
We try not to have any viruses but you should always be careful just in case.
9.4. Direction Information
Zellebrate accepts no responsibility when you use the map data, directions and other Retailer location content. You may find that actual conditions differ from the map results and / or directions. It is therefore recommended that you exercise your independent judgment and use the App at your own risk. You are responsible at all times for your conduct and its consequences.
We know our App is awesome but remember to look up and watch where you are walking when you are using it!
9.5. Retailer Actions & Ommissions
The legal contract for any supply and purchase of goods or services that you make is between you and the Retailer. We have no control over the actions or omissions of any Retailers. Without limiting the generality of the foregoing, by using the App, you acknowledge and accept that we do not give any undertaking that the Products, goods or services purchased from any Retailer listed on the App will be of satisfactory quality or suitable for your purpose and we expressly disclaim any such warranties.
When Retailers sell you stuff you saw on our App we haven’t given you any representations about the stuff.
9.6. Exclusion of Terms
We provide you with access to the App and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the App and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the App or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
We are not bound by the Australian Consumer Law except where it says we are.
10.1. Your Rights
Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.
You have the protections within the Australian Consumer Law when you use our App.
10.2. Exclusion of Liability
Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the App (including the use, inability to use or the results of use of the Service or the App) for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
We are not liable to you for any other losses you suffer as a result of your use of our App.
10.3. Additional Costs
You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
You agree to indemnify and hold Zellebrate and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms, your use of the Service or App or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
If you breach these Terms and cause us damage you agree to pay for the damage.
11. Ending This Agreement
11.1. When We Can Terminate Your Account
We may terminate or suspend (at our absolute discretion) your right to use the App and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
- you have used the App in breach of paragraph 6 (Licence);
- you have breached paragraph 8.2 (Links to and from other Apps); or
- you have breached any other term or condition of these Terms.
11.2. When You Can Terminate Your Account
You may terminate this agreement by notifying us or deactivating your account at any time.
11.3. Obligations upon Termination
Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the App.
You can end this agreement at any point and we can too.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the App or using the Service via the App, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
If we need to talk to you we will email you.
13. Additional Terms
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.2. Entire Agreement
These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
13.3. No Waiver
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
13.5. Headings & Explanations
The headings and explanations in these Terms are included for convenience only and do not affect their interpretation.
These Terms are the entirety of our agreement and you cannot transfer your rights under this agreement.
14. Governing Law & Jurisdiction
These Terms are governed by and construed in accordance with the law of Victoria. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) are subject to the exclusive jurisdiction of the courts of Victoria.
In the unlikely event that we have a legal dispute, you agree to go to court in Victoria and use Victorian law.