BACKGROUND:
This agreement applies as between you, the User of this Web Site and Zippy.com.au Pty Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Zippy.com.au Pty Ltd, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Zippy.com.au Pty Ltd. Specifically you agree that:
2.2.1 You will not use the Content of the Web Site for commercial purposes;
2.2.2 You will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Zippy.com.au Pty Ltd;
2.2.3 You may, as a student of a recognised Learning Establishment, use the Content of the Web Site for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;
2.2.4 Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:
a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 4 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Zippy.com.au Pty Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Use of Communications Facilities and Content Submission
6.1 When given using the forums and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
6.1.1 you must not use obscene or vulgar language;
6.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
6.1.3 you must not submit Content that is intended to promote or incite violence;
6.1.4 it is advised that posts on message boards, chat facilities or similar and communications with Zippy.com.au Pty Ltd are made using the english language(s) as we may be unable to respond to enquiries submitted in any other languages;
6.1.5 content submissions are required to be made using the english language(s). Content in any other language may be removed at our sole discretion;
6.1.6 you must not post links to other web sites containing any of the above types of Content;
6.1.7 the means by which you identify yourself must not violate these terms of use or any applicable laws;
6.1.8 you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
6.1.9 you must not impersonate other people, particularly employees and representatives of Zippy.com.au Pty Ltd or our affiliates;
6.1.10 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
6.1.11 you must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
6.2 You acknowledge that Zippy.com.au Pty Ltd reserves the right to monitor any and all communications made to us or using our System.
6.3 In order to use the Forums and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
6.3.1 any information you submit is accurate and truthful; and
6.3.2 you will keep this information accurate and up-to-date.
6.4 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Zippy.com.au Pty Ltd accepts no responsibility or liability for any infringement of third party rights by such Content. [Further, you waive all moral rights in the Content to be named as its author and grant Zippy.com.au Pty Ltd a licence to modify the Content as necessary for its inclusion on the Web Site. Zippy.com.au Pty Ltd accepts no responsibility or liability for any infringement of third party rights by such Content.]
6.5 Zippy.com.au Pty Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
6.6 Unless a User informs Zippy.com.au Pty Ltd otherwise, in advance of posting, in writing, and Zippy.com.au Pty Ltd agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Zippy.com.au Pty Ltd may deem appropriate under a royalty-free, perpetual basis.
6.7 You agree that the service offered on zippy.com.au is available only to persons aged 18 or older.
6.8 Content submitted by Users is not screened by Zippy.com.au Pty Ltd prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to info@zippy.com.au. This does not constitute an undertaking to explain our actions.
7. Termination and Suspension
In the event that any of the provisions of Sub-Clause 7.1, above, are not followed, Zippy.com.au Pty Ltd reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
8. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
9. Disclaimers
9.1 Zippy.com.au Pty Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
9.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Web Site will be accurate and up to date, Zippy.com.au Pty Ltd makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
9.3 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
9.4 The information on this Web Site is not designed with commercial purposes in mind. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Zippy.com.au Pty Ltd makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
9.5 Whilst every effort has been made to ensure that all descriptions of services available from Zippy.com.au Pty Ltd correspond to the actual services available, Zippy.com.au Pty Ltd is not responsible for any variations from these descriptions.
10. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Zippy.com.au Pty Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship
11. Site Objectives
The objective of the Site is to find Service Providers who provide the service that you require and to forward Your Personal Information to them.
11.1. In relevance to the information You submit on the website; You solely agree and request zippy.com.au to forward Your Personal Information to Service Providers
11.2 You agree that Service Providers can contact You directly and You will not hold Zippy.com.au, its contractors, agents, or employees legally or otherwise responsible, in respect to any complaint, grievance, action or claim of any sort arising from the submission of Your Personal Information to the site.
11.3 You solely acknowledge and agree that Zippy.com.au has no control, authority or influence over any Service Provider and therefore cannot be held liable for the conduct of any Service Provider. You solely acknowledge and agree that You will not hold Zippy.com.au legally or otherwise responsible for the conduct of any Service Provider.
11.4 You acknowledge the fact that Service Providers subscribe to Zippy.com.au for a fee in return for leads. Other than for this arrangement, Zippy.com.au has no financial interest, nor is Zippy.com.au a shareholder in any Service Provider. Zippy.com.au does not offer, in any way, preference to one Service Provider over another. You solely acknowledge and agree that referrals from Zippy.com.au are not recommendations nor are they approvals of the services of any Service Provider.
11.5 You acknowledge the fact that certain Insurance Service Providers pay Zippy.com.au a commission based on You purchasing a Policy from the Insurance Service Provider.
11.6 You solely acknowledge that You are not required to use any of the Service Providers that have contacted You on account of Your submission of Your Personal Information to the site.
11.7 You acknowledge Zippy.com.au does not act on behalf of the Service Providers.
12. Limitation of Liability
12.1 To the maximum extent permitted by law, Zippy.com.au Pty Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
12.2 Nothing in these terms and conditions excludes or restricts Zippy.com.au Pty Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Zippy.com.au Pty Ltd.
12.3 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12.4 You solely acknowledge and agree that:
12.4.1 Your obligations under any agreement You enter with any Service Provider is solely Your responsibility;
12.4.2 Zippy.com.au is not party to any agreement, arrangement or transaction between You and a Service Provider;
12.4.3 Zippy.com.au gives no guarantee, whether expressively given or implied, to the suitability, price, conduct, qualification, workmanship or capability of any Service Provider.
13. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
14. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
15. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@zippy.com.au. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16. Law and Jurisdiction
These terms and conditions and the relationship between you and Zippy.com.au Pty Ltd shall be governed by and construed in accordance with the Law of Australia and Zippy.com.au Pty Ltd and you agree to submit to the exclusive jurisdiction of the Courts of Australia.