Terms Of Use

• Use of Website
  1. References in these Terms of Use to “Zanity”, “we” “us” or “our” are references to Zanity of [Level 42 Rialto South Tower, 525 Collins St, Melbourne VIC 3000, Australia]. References to “you” and “your” and the “user” are references to users of the Website (as defined below) from time to time.
  2. These Terms of Use govern access to and use of the following website: www.zanity.com.au or any subsequent URL used by Zanity from time to time (Website). No additions to or modifications of these Terms of Use shall be effective unless accepted by us in writing. Zanity may modify these Terms of Use by posting an updated copy of them on the Website from time to time. By continuing to use the Website you agree to the amended Terms of Use.
  3. Zanity has issued a Privacy Policy located here: (insert link). The Privacy Policy, in such form as may be amended from time to time and posted on the Website, is hereby incorporated by reference into these Terms of Use as if fully set forth herein. By using the Website you are also agreeing to the terms of the Privacy Policy as contained on the Website. Among other things, the Privacy Policy sets out the information which Zanity may gather about you through your use and/or membership of the Website and the way in which Zanity will use that information.
  4. You will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.
  5. Zanity controls and operates this Website from its headquarters in [Australia] and makes no representation that the materials on the Website are appropriate or will be available for use in locations other than [Australia]. If you use this Website from outside [Australia], you are entirely responsible for compliance with applicable local laws. Without limiting these Terms of Use, you agree to comply with all applicable laws regarding access to and use of the Website, the transmission of data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the internet.
  6. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the material on the Website in any manner and to upload any material to the Website. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed materials and cease using the Website.
  7. You must not:
     1. Republish material from the Website (including republication on another website);
     2. Sell, rent or sub-license material from the Website;
     3. Show any material from the Website in public;
     4. Reproduce, duplicate, copy or otherwise exploit material on the Website for a commercial purpose;
     5. Edit or otherwise modify any material on the Website; or
     6. Redistribute material from the Website except for content specifically and expressly made available for redistribution.
  8. Where content is expressly made available by us for redistribution, it may only be redistributed within your organisation.
  9. You shall not commit any act which causes or may cause damage or loss to our reputation or harms any trademarks or other intellectual property owned by us or an affiliate of ours and shall indemnify us for any loss or damage which may be suffered by us, or an affiliate of ours, as a result of any breach of any undertaking contained in this section.
  10. Zanity has the right to terminate your access to the Website (in whole or in part) at any time, without notice, for any reason, including without limitation, breach of these Terms of Use. Zanity may also at any time, at its sole discretion, discontinue the Website (or any part thereof) and/or the provision of any services (or any part thereof) without prior notice and shall not be liable to you or any third party for any termination of your access to the Website or any services.
• Personal information and Age
  1. Zanity has taken reasonable measures (physical, organisational and technological) to safeguard against unauthorised access to your personal information, and to safely store the same. However, the internet is not a secure medium and the privacy of your communications and personal information can never be guaranteed. Zanity has no control over the practices of third parties (e.g., website links to the Website, third-party sponsors or third parties who misrepresent themselves as you or someone else).
  2. You agree that Zanity may process your personal information that you provide to it for the purposes of providing any services to you and (with your consent) sending marketing communications to you, and that the Privacy Policy set out on the Website (see [insert link]) governs our collection and processing of your personal information.
  3. If an individual, you warrant to Zanity that you are not younger than the greater of the age of [18] years or the age at which a person may lawfully able to enter into commercial arrangements of the nature proposed in this Website in the location in which you are present (Age).
  4. If representing a company, you warrant to Zanity that:
     1. you are authorised to enter into binding legal obligations on behalf of the company; and
     2. the company has the right, power and authority to execute and deliver, and to exercise its rights and perform its obligations under these Terms of Use and any contract formed as anticipated by these Terms of Use or the Website.
  5. By agreeing to the Terms of Use you authorise us to undertake any such verification checks from time to time as we may require ourselves or may be required by third parties (including, but not limited to, regulatory bodies) to confirm the facts warranted under this clause 2. You agree that from time to time, upon our request, you may be required to provide additional details in respect of any of such information you have provided us.
  6. It may be an offence for persons under the Age to make use of the Website or request a service. If we are unable to confirm that you are the Age then we may suspend your account until such time that we are able to confirm that you are the Age.
• Links to Third Party Websites
  1. The Website may include links to third party websites that are controlled and maintained by others. Accordingly, Zanity cannot accept any responsibility for the materials or offers for services featured on such websites. Any link to other websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature, and you acknowledge and agree that Zanity is not responsible for the content or availability of any such sites.
  2. Please note that any goods or services supplied or made available through websites which are linked to the Website are supplied by third parties and not by Zanity (unless stated otherwise). Any dealings between you and such third parties, including payment for and delivery of services and any other terms, conditions, warranties or representations, acts or omissions associated with such dealings, are solely between you and the third party. You agree not to hold Zanity liable for any loss or damage of any kind incurred as the result of any such dealings.
• Disclaimers and limitation of liability
  1. The nature of internet communications means that the Website may be susceptible to data corruption, interception, non-availability and delays. The Website may also be unavailable from time to time due to repairs, maintenance or development work. You agree that Zanity has no obligation to provide support for the Website.
  2. Use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made, and without warranty or guarantee of any kind, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Zanity makes no warranty that defects will be corrected or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
  3. To the extent permitted by law, Zanity, its directors, employees or other representatives, will not be liable for any loss or damage (whether direct or indirect or consequential loss) whatsoever (including, without limitation, loss of business, opportunity, data, profits) arising out of or in connection with your use of the Website or your review of any content on the Website, whether caused by negligence or otherwise.
  4. If you are dissatisfied with the Website or any content or materials in it, your sole exclusive remedy is to discontinue your use of it.
  5. All warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded from the Terms of Use.
  6. No warranties, representations or undertakings are given or implied by or on behalf of Zanity in relation to content on the. All material and all information, descriptions, photographs and similar listed on, contained in or referred to on the Website or provided by a third party is a statement by such third party and not a statement by Zanity.
  7. Nothing in these Terms of Use or in any contract formed as anticipated by them shall exclude or restrict Zanity’s liability in respect to fraudulent misrepresentation; or any other liability which cannot be limited by applicable law. Except to the extent permitted by applicable law, these terms are to be modified to the extent necessary to give effect to that intention.
  8. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.
  9. To the fullest extent permitted by applicable law, the maximum aggregate liability of Zanity to any user for anything relating or connected to the Website is [A$1].
• Zanity’s remedies
  1. You agree that any unauthorised use of our Website and/or any related materials as a result of your negligent act or omission would result in irreparable injury to Zanity.
  2. No particulars, statements or descriptions, in whatever form provided by Zanity concerning the services provided by Zanity, nor any verbal representations by any agent, employee or representative of Zanity, shall form part of the Terms of Use or be treated as constituting a representation on the part of Zanity.
  3. Without limitation to any other rights Zanity may have, you agree to indemnify and hold Zanity harmless from and against any breach by you of these Terms of Use, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Zanity, or an affiliate of Zanity, in consequence of your breach of these Terms of Use.
• Confidentiality
  1. Subject to clause 6.2, the user will treat as strictly confidential (A) all information received or obtained as a result of accessing the Website or otherwise relating to Zanity, (B) the subject matter and provisions of the Website and these Terms of Use, and (C) any negotiations between the parties.
  2. The user may disclose information which would otherwise be confidential, if and to the extent, (A) required by law, (B) the information has come into the public domain through no fault of the user, or (C) Zanity has given prior written approval of the disclosure, provided in each case that, subject to law, any such information will be disclosed only after consultation with Zanity.
• Trademarks and copyright
  1. The user shall not commit any act which causes or may cause damage or loss to the reputation of Zanity or harm the trademarks [insert description, if there are any] or any other trademarks owned by Zanity or an affiliate of Zanity (Trademarks).
  2. The user shall not acquire any right, title or interest in or to the Trademarks or the goodwill associated therewith and shall indemnify Zanity for any loss or damage which may be suffered by Zanity, or an affiliate of Zanity, as a result of any breach of any undertaking contained in this clause.
  3. Zanity or our licensors own the domain names for the Website and all intellectual property rights in the Website and the material on the Website. Such material may include, but shall not be limited to, text, text elements, logos, buttons, images, icons, source code, site design, structure, layout and distribution as well as the selection, assembly and arrangement thereof and any analysis Zanity may make of any such material or data. Subject to the limited licence rights contained in clause 1.6, all these intellectual property rights are reserved.
• Other provisions
  1. The user may not assign any of its rights under these Terms of Use without the prior written consent of Zanity and no variation of the Terms of Use is effective unless agreed in writing by Zanity.
  2. Zanity may at any time, without the consent of the user, assign all or any part of its rights, benefits and/or obligations arising pursuant to these Terms of Use to a competent third party.
  3. If any provision of the Terms of Use is held to be illegal, void, invalid or unenforceable, the legality, validity and enforceability of the remainder of the Terms of Use shall not be affected.
  4. Neither the failure to exercise nor any delay in exercising any right under the Terms of Use shall impair or operate as a waiver thereof, in whole or in part. No single or partial exercise of any right under the Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right.
  5. These Terms of Use and any document expressly referred to in them (including, without limitation, the Privacy Policy) represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  6. Nothing in these Terms of Use constitutes, or will be deemed to constitute, a partnership between Zanity and the user, nor will it constitute, or be deemed to constitute, either of us as the agent or representative of the other of us for any purpose.
  7. No person who is not a party to these Terms of Use shall have any right to enforce any term of these Terms of Use provided that all rights of Zanity under these Terms of Use shall extend (as determined by Zanity) to all its affiliates, successors, assigns and licensors.
  8. If you wish to communicate with Zanity, please click on [insert details] on the Website for our contact details.
  9. These Terms of Use are governed by, and construed in accordance with the laws of Victoria, Australia, with the exception of the conflict of law rules as apply in Victoria, Australia, and you hereby submit to the non-exclusive jurisdiction of the courts of Victoria, Australia. This clause will survive any expiry, cancellation or termination of these Terms of Use for any reason.