Terms and conditions
In using the website http://www.zoak.com.au, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website.
In these terms and conditions, the terms, ZOAK, we, us and our are a reference to ZOAK Pty. Ltd. (ACN 161 531 880).
Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. You accept that by doing that, we will have provided you with sufficient notice of the variation of these terms and conditions and that you will be bound by the varied terms and conditions when you next visit this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
You must ensure that your access to this website is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any links to other websites (linked websites).
We do not accept liability for any losses arising directly or indirectly from any corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by other in contravention of a person’s obligations as set out in these terms and conditions.
You must indemnify us and our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) and our directors and employees against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person using your password or username, whether or not you have authorised that person to use your password or username.
Responsibility for the content of any promotional material or advertisements appearing on this website (including hyperlinks to advertisers’ websites) rests solely with the advertisers. The placement of such advertisements or promotional material does not constitute a recommendation or endorsement by us of the promoter or advertisers’ products or services, and each advertiser or promoter is solely responsible for any representations made in connection with its advertisement.
Copyright in this website (including but not limited to text, graphics, logos, icons, sound recordings, Flash movies and software) is owned or licensed by us and in some circumstances, text and data appearing on this website may belong to third parties. In any event, other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website without our written permission.
Except where otherwise specified, any word or device to which is attached the ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, products or services (including this website).
In addition, the trade marks, names, logos and service marks displayed on the website may be unregistered trade marks. You must not use such in any way without our express approval in writing.
Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website or use it for commercial purposes.
You warrant that you will not do any of the following things in connection with you accessing, browsing or using the website:
(a) violate any laws, third party rights, or any of our policies;
(b) hide or spoof your IP address;
(c) intentionally bounce your communications through any intermediate computers;
(d) alter any logs upon gaining access to the website;
(e) interfere with the technological operations of the website;
(f) manipulate or attempt to manipulate any content or material on the website;
(g) post or attempt to post any false, inaccurate, misleading, illegal or defamatory content on the website;
(h) use any robot, spider, search engine, scraper or other means (whether manual, automated, mechanical, electrical or otherwise either existing or that may be invented or discovered in the future) to access the website or to do any of the acts described paragraphs (a) to (h) above, for any purpose other than the normal purpose for which the website is intended;
(i) assisting, being involved in, or procuring directly or indirectly any of the acts specified in paragraphs (a) to (h) above or engaging in conduct that is substantially similar to paragraphs (a) to (h) above or having a substantially similar effect.
If we become aware that you have violated any of the clauses of these terms and conditions, we may immediately take corrective action without notice to you, including preventing you from accessing, browsing and/or using the website. If we have been injured by your violation we may, in our sole discretion, take such action against you that we deem necessary to protect our rights.
Accuracy of information on the website
All material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, we provide no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete.
We will not be liable for any loss or damage whatsoever, whether in an action in contract, negligence or other tort or in respect of any cause of action, suit, claim, demand, cost, penalty, liability, charge and/or expense of every description (including, without limitation, any loss suffered by you as a result of adverse publicity) arising out of or in connection with your access to the website or the content of the website. All warranties of any kind are excluded to the maximum extent permitted by law.
We make no guarantee as to the usefulness of the content of the website, nor of any of the products or services promoted on the website or via linked websites. If you wish to link your site to this website, you may only link to the home page. You may not link to any other pages within this website without our prior written approval.
This website may contain links to other linked websites. Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
To the extent permitted by law, any condition, warranty or guarantee mandated that would otherwise apply these terms and conditions is hereby excluded. Where legislation mandates any condition, warranty or guarantee, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition, warranty or guarantee, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods provided by us:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
(b) if the breach relates to services provided by us:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
Exception to disclaimer
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Further, while secure and continuous access to the website is sought to be provided, we do not guarantee continuous or secure access to the website and operation of the website, as the same may be interfered by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, time, goodwill, or reputation, or any special, indirect, or consequential loss or damages arising out of your use of the website.
To the maximum extent permitted by law, you agree to indemnify and forever hold us and our Associates and Related Bodies Corporate (as those terms are defined in the Corporations Act 2001 (Cth)), harmless from any claim or demand made by any third party due to or arising out of a breach by you of these terms and conditions (including without limitation, our reasonable legal fees), or violation by you of any law of any country or of the rights of a third party.
Any indemnity given in favour of a person who is not a party to these terms and conditions is intended to be, and is, directly enforceable by each such person, and these terms and conditions operate as a deed poll in favour of those persons.
Each indemnity in these terms and conditions is a continuing obligation, separate and independent from your other obligations and survives termination of these terms and conditions.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survives any such termination.
These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.