The Zapala Corp consists of Zapala Corporation Pty Ltd, Zapala Go Pty Ltd, Zapala People Pty Ltd and their related bodies corporate and subsidiaries from time to time (“Zapala”).
The Zapala Corp network of websites includes the websites located at www.zapalacorp.com, www.zapalago.com, www.zapalapeople.com, and other websites owned or controlled by Zapala from time to time (collectively the “Zapala Sites”).
Acceptance Of These Terms And Conditions
Please read these Terms and Conditions carefully before using any Zapala Site.
Your use of the Zapala Sites constitutes your agreement to the Terms and Conditions regardless of whether you have registered for an account on a Zapala Site.
Zapala reserves the right to amend, update, change or delete portions of the Terms and Conditions at any time without prior notice and you should review the Terms and Conditions from time to time to ensure you are familiar with your obligations.
If you choose not to be bound by these Terms and Conditions, or any amendment to the Terms and conditions at any time, you must stop using the Zapala Sites immediately. Your continued use of the Zapala Sites following our posting of any amendment to these Terms and Conditions will be deemed acceptance of that amendment.
Additional Terms And Conditions
Additional terms and conditions, including the Terms of Sale, may apply to the purchase of goods and services available via the Zapala Sites. Unless otherwise provided in those terms and conditions, those terms and conditions are incorporated into these Terms and Conditions. If there is any conflict between these Terms and Conditions and the terms applicable to a specific portion of a Zapala Site or for any good or service offered through a Zapala Site, the latter terms will apply with respect to your use of that part of the Zapala Site or the relevant service.
You must provide and are responsible for all costs of all equipment, software and mobile or internet connectivity required to access the Zapala Sites.
Use Of The Zapala Sites
When using the Zapala Sites, you are permitted to view, print and download material for personal, non-commercial use only. You may not distribute, sell, transmit, reproduce or publish by electronic or any other means any part of the data or content on a Zapala Site, or make any commercial use of a Zapala Site, without the prior written permission of Zapala.
To access some parts of the Zapala Sites or to procure certain goods or services via a Zapala Site you may need to create an account.
Account holders must:
(a) provide accurate and complete information when creating an account;
(b) update details where necessary to maintain accurate and complete information;
(c) keep all login and password details confidential; and
(d) immediately notify Zapala if the account holder becomes aware of any unauthorised access to or use of a Zapala Site in breach of these Terms.
Account holders acknowledge that:
(a) account holders are responsible for all use of their log-in and password details whether authorised or not;
(b) Zapala may, at any time, cancel an account, username, login details, or password with respect to the use of a Zapala Site; and
(c) Zapala accepts no liability for any unauthorised use of an account.
Intellectual Property In Content On The Zapala Sites
All intellectual property in the Zapala Sites and in content on the Zapala sites is property of Zapala or third party licensors. You must not sell, rent, modify, adapt, edit, copy, reproduce, decompile, communicate, transmit, make available, broadcast, perform, republish, sublicense, commercialise, or otherwise transfer or deal with the content in any way except as expressly permitted under these Terms and Conditions.
You acknowledge that you have no right, title or interest in or to any aspect of any Zapala Site.
Zapala does not warrant or guarantee and accepts no responsibility for the accuracy or completeness of any content for any purpose. Subject to any statutory provisions which may not be excluded by law, Zapala will not be held liable for any damages whatsoever resulting from any action arising in connection with the use of any content or its publication, including any action for copyright infringement, trade mark infringement, or defamation.
You must not use any Zapala trade marks without the prior written approval of Zapala.
Prohibited uses of the Zapala Sites include, but are not limited to:
(a) violating these Terms and Conditions or any policy posted on a Zapala Site;
(b) using the Zapala Sites in a manner inconsistent with applicable policies, laws, statutes, and regulations;
(c) criminal or tortious activity or the infringement of intellectual property rights;
(d) circumventing or modifying or attempting to circumvent or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any security technology or software that is part of a Zapala Site;
(e) deleting, circumventing or altering any legal notices, rights management information or technological protection measures;
(f) activity that involves the use of viruses, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorised use of or access to a computer or a computer network;
(g) interfering with the use of the Zapala Sites by others, including but not limited to interfering with the computer systems which support the Zapala Sites, overloading a service, engaging in a denial-of-service attack, or attempting to disable a host; or
(h) impersonating or falsely representing your association with any person or organisation.
Zapala may take action (including legal action) against any person who, in Zapala’s determination, engages in any prohibited activity on or through a Zapala Site. Zapala reserves the right to cooperate fully with any law enforcement authority in any jurisdiction and comply with the law or legal process.
Third Party Websites
The Zapala Sites may contain links or references to internet sites operated by third parties. These third party sites are not under the control of Zapala and Zapala is not responsible for the content of these sites. Zapala makes no representations or warranties and accepts no responsibility for the accuracy, completeness, content or use of the information accessible from these sites. Inclusion of any linked website on a Zapala Site does not imply approval or endorsement of the linked website by Zapala. When you access such third party sites you do so at your own risk.
These Terms and Conditions are effective until terminated by Zapala and Zapala may terminate these Terms and Conditions without prior notice to you.
You can, at any time, deactivate your account on a Zapala Site by visiting the Support page on the relevant Zapala Site and following the prompts to delete the account.
Limitation Of Liability
Zapala does not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified. However Zapala does exclude all other rights, remedies, conditions, and warranties in respect of goods, services and the Zapala Sites which may be excluded under law, custom or statute.
To the maximum extent permitted by law, Zapala’s liability in respect of any goods or services purchased from or through a Zapala Site which cannot be excluded or restricted is limited to the lesser of: (i) the replacement of any good or service purchased; and (ii) a refund of the purchase price paid by you to Zapala for that good or service.
Zapala will not be liable for any indirect, incidental, special, punitive and/or consequential damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access any Zapala Site, even if Zapala has been advised of the possibility of such damages or losses.
The Zapala Sites are provided as-is and as available. Subject to clause 11, Zapala makes no warranties of any kind, express or implied, about the Zapala Sites, or the goods and services provided through the Zapala Sites, including but not limited to any warranties:
(a) about the accuracy and reliability of the material posted on the Zapala Sites;
(b) that your access to the Zapala Sites or the material on the Zapala Sites will be free from errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired.
Zapala is not liable to you or any other person in respect of any interference with or damage to your computer system or any other device which occurs in connection with your use of a Zapala Site.
Zapala assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorised access to, or alteration of, any user communication. Zapala is not responsible for any technical problems or malfunction of any telephone network or lines, online systems, servers, providers, hardware, software, due to technical problems or traffic congestion on the internet or on any Zapala Site. Zapala also expressly disclaims any warranty of fitness for a particular purpose.
Zapala reserves the right to modify, suspend, or terminate operation of or access to any Zapala Site, or any portion of a Zapala Site and to interrupt the operation of a Zapala Site or any portion of a Zapala Site as necessary to perform maintenance at any time, for any reason and without notice.
You indemnify Zapala, its related bodies corporate, subsidiaries, licensees and/or assignees, and their respective officers, agents, partners and employees in respect of any claims, loss, damage or costs (including legal costs on a full indemnity basis) arising from or in connection with:
(a) any breach or alleged breach by you of these Terms and Conditions;
(b) your use of any Zapala Site; and
(c) any violation of any law or the rights of any third party.
Zapala’s failure to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of its rights.
These Terms and Conditions constitute the entire agreement between you and Zapala regarding your use of the Zapala Sites, superseding any prior agreements between you and Zapala relating to your use of the Zapala Sites.
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and Conditions will not be affected and these Terms and Conditions will be read as if the part had been deleted in that jurisdiction only.
Rights And Remedies Cumulative
Zapala’s rights and remedies are cumulative and none of them limits any other remedy or right of Zapala. Your undertakings and obligations are cumulative and none of them limits any other of your undertakings or obligations.
Zapala may assign its rights under these Terms and Conditions in whole or in part to any other person in Zapala’s absolute discretion.
These Terms and Conditions will be governed and interpreted in accordance with the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.