Terms & Conditions
In using this website you are deemed to have read and agreed to the following terms of services: The following terminology applies to these Terms of Services, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Zapaut’s Terms of Services. "The Zapaut", “Ourselves”, “We” and "Us", refers to our Zapaut. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Zapaut’s stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.Privacy StatementWe are committed to protecting your privacy. Authorized employees within the Zapaut on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsibleConfidentialityClient records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Zapaut will only be in connection with the provision of agreed services and products.Exclusions and Limitations The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Zapaut:excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Zapaut’s literature; andexcludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Zapaut of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.PaymentCash or Personal Cheque with Bankers Card, all major Credit/Debit Cards, Bankers Draft, and Paypal are all acceptable methods of payment. Our Terms are payment in full within fourteen days. All goods remain the property of the Zapaut until paid for in full. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.Returned cheques will incur a $100 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.We do not accept payment from countries who are in the OFAC designated lists.Cancellation PolicyMinimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. There are no cancellation charges.Termination of Agreements and Refunds PolicyBoth the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.AvailabilityYou are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Zapaut. The Zapaut does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Zapaut, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.Log FilesWe use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Zapaut on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.CookiesLike most interactive web sites this Zapaut’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.Links to this websiteYou may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.Links from this websiteWe do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Zapaut will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.Copyright NoticeCopyright and other relevant intellectual property rights exists on all text relating to the Zapaut’s services and the full content of this website.CommunicationWe have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Zapaut literature or via the Zapaut’s stated telephone, facsimile or mobile telephone numbers.We do send daily/weekly report emails, support emails, account related emails, and billing related emails to your email address. You can choose in account settings whether to receive emails from us with the exception of billing related emails. If you do not wish to receive any email from us including billing related emails, please contact us and we will ensure no further emails are sent from us. However, if you do not contact us, and mark our emails as spam, this may cause the termination of this agreement at our discretion.Force MajeureNeither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the Terms of Services of any Agreement contained herein.WaiverFailure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.Your business can not be registered in AustraliaYou agree that you are not registering an account on Zapaut for a business/company/sole proprietorship/trust/cooperative/charity or any other entity that is registered in Australia. This also applies if you are located outside of Australia and your business is registered in Australia. If your business is registered outside of Australia, your clients can be registered in Australia and you can use Zapaut for your business.No SaaS / Resale Restriction ClauseProhibited Uses You may not, directly or indirectly, without the express prior written consent of Zapaut (which may be subject to additional fees and conditions at Zapaut’s sole discretion):Use the Software to provide software-as-a-service (SaaS), platform-as-a-service (PaaS), hosting, time-sharing, service bureau, or similar services to any third party.Rent, lease, lend, sell, sublicense, distribute, or otherwise make the Software available to third parties.Incorporate the Software into any product or service that you offer to others for a fee or other consideration.Any such unauthorized use shall constitute a material breach of this Agreement and may result in immediate termination of your license and legal action.GeneralThe laws of Australia govern these Terms of Services. By accessing this website [and using our services/buying our products] you consent to these Terms of Services and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Zapaut to enforce any of the provisions set out in these Terms of Services and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Services or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms of Services shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Zapaut.Notification of ChangesThe Zapaut reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basisThese Terms of Services form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms of Services contained herein. Your statutory Consumer Rights are unaffected.
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