Terms & Conditions
1. About the Services
(a) The Services are operated by ZARBTECH PTY LTD (ABN 98 620 951 055). Access to and use of these Services, or any of its associated Products or Services, is provided by ZARBTECH PTY LTD. Please read these terms and conditions (Terms) carefully. By agreeing to the use of our services, this signifies that you have read, understood and agree to be bound by the Terms
(b) ZARBTECH PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ZARBTECH PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by agreeing to the use of our services.
3. Use of the Services
(a) In purchasing the services, you acknowledge and agree that it is your responsibility to ensure that the services you elect to purchase is suitable for your use.
(b) You warrant that any information you give to ZARBTECH PTY LTD in the course of completing the onboarding process will always be accurate, correct and up to date.
(c) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with ZARBTECH PTY LTD; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Client
(a) As a Client, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) any use of your services by any third parties is strictly prohibited.
(iii) you will not use the Services for any illegal and/or unauthorised use
5. Payment
(a) You acknowledge and agree that where a request for the payment of the Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated.
(b) Any changes or cancellations to an order after acceptance may also be subject to cancellation fees by Zarbtech if work has already commenced or materials ordered.
(c) You agree and acknowledge that ZARBTECH PTY LTD can vary the Service Fee at any time and that the varied Service Fee will come into effect following the conclusion of the existing Contract Period.
6. Failure to Pay
(a) If payment is not received by the end of the month for the previous month of service ZARBTECH PTY LTD reserves the right to put a hold on rendering services until fee has been paid, provided ZARBTECH PTY LTD gives a five (5) business day notice of late payment.
(b) If payment is not received by the end of the month for the previous month of service ZARBTECH PTY LTD reserves the right to put a hold on rendering services until fee has been paid, provided ZARBTECH PTY LTD gives a five (5) business day notice of late payment.
7. Refund Policy
(c) ZARBTECH PTY LTD will only provide you with a refund of the Service Fee in the event they are unable to continue to provide the Services or if ZARBTECH PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).
(d) Any benefits set out in these Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
8. Privacy
ZARBTECH PTY LTD takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to ZARBTECH PTY LTD's Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) ZARBTECH PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Services is at your own risk. The Services are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ZARBTECH PTY LTD make any express or implied representation or warranty about the Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information, Services, or any of its Services-related products (including third party products and services); and
(iii) costs incurred as a result of you using the Services or any of the products of ZARBTECH PTY LTD.
10. Limitation of liability
(a) ZARBTECH PTY LTD's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that ZARBTECH PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for commercial gain, whether business users or domestic users, then you are a competitor of ZARBTECH PTY LTD. Competitors are not permitted to use or access any information or content on our Services. If you breach this provision, ZARBTECH PTY LTD will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by ZARBTECH PTY LTD as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing ZARBTECH PTY LTD with 30 days' notice of your intention to terminate; unless in a contracted term
Your notice should be sent, in writing, to ZARBTECH PTY LTD
(c) ZARBTECH PTY LTD may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision; (ii) ZARBTECH PTY LTD is required to do so by law;
(iii) the provision of the Services to you by ZARBTECH PTY LTD is, in the opinion of ZARBTECH PTY LTD, no longer commercially viable.
(d) Subject to local applicable laws, ZARBTECH PTY LTD reserves the right to discontinue or cancel your services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ZARBTECH PTY LTD's name or reputation or violates the rights of those of another party.
13. Indemnity
You agree to indemnify ZARBTECH PTY LTD, its affiliates, employees, agents, contributors, third-party providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Services;
(b) any direct or indirect consequences of you accessing, using the Services or attempts to do so; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the ZARBTECH PTY LTD;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Victoria, Australia.
14.4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15. Venue and Jurisdiction:
The Services offered by ZARBTECH PTY LTD are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
16. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
