PLEASE READ THESE TERMS CAREFULLY. WE STRONGLY ADVISE THAT YOU PRINT A COPY OF THESE TERMS OR MAKE A COPY ON THE HARD DISK OF YOUR COMPUTER.. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT PROCEED ANY FURTHER ON THIS SITE, WITH REGISTRATION OR WITH ANY ATTEMPT TO ACCESS OR USE THE SERVICES COVERED BY THESE TERMS OF SERVICE. OTHERWISE YOU AGREE TO USE THE SERVICES ON THE TERMS SET OUT IN THIS AGREEMENT. WE MAY NEED TO VARY THESE TERMS FROM TIME TO TIME AND ANY SUCH CHANGES WILL BE UNDERTAKEN IN ACCORDANCE WITH CLAUSE 11.2 BELOW. PLEASE CHECK THIS SITE REGULARLY AS WE WILL NOTIFY YOU HERE OF ANY SUCH CHANGES.
General Information.
zed Australia (doing business under the name zed) (interchangeably "zed", "we", "our", "us") currently provides users with access to a variety of products and services through its on-line (World Wide Web) and SMS (Short Message Service) services (collectively the "Service"). zed is a private company incorporated under the laws of Australia. Our Managing Director is Simon Walshaw. Our contact details are as follows:
a. business address: Charta House, 30-38 Church Street, Middlesex, TW18 4EP
Service Description
The Service may also include access to products and services of independent third parties either directly or via links to sites and Content (as defined in Section 4.3) operated and provided by third parties. Where reasonably possible, zed will indicate the products and services provided by third parties as such. Even though they may be co-branded with zed and so include zed's trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. zed WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH PRODUCTS OR SERVICES.
Applicable terms and conditions
The Service and all products and services that may be accessed through the Service are made available to you subject to these Terms of Services ("Terms"). The Terms are in addition to any specific zed or third party terms and conditions applicable to products and services, which may be posted from time to time in connection with such products and services.
Trademarks
"LaNetro zed", "zed" and other marks indicated in the Service or on the Site are trademarks of zed. zed's trademarks and trade dress may not be used in connection with any product or service that is not zed's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits zed. All other trademarks not owned by zed that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by zed.
Electronic Communications.
When you access or use the Service or send SMS, e-mails or other such communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by SMS, e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal or contractual requirements that such communications be in writing.
Equipment and Software.
In order to use the Service, you must have a mobile communications subscription or otherwise have access to the Service on the network in which zed makes the Services available ("Subscription"), and pay any service fees associated with such access. In addition, you must provide all equipment and software necessary to make such connection, including a mobile hand set or other access device and ensure that they are in working order and suitable for use in connection with the Service. You are responsible for ensuring that that equipment and software do not disturb or interfere with zed's operations. Any equipment or software causing interference will be immediately disconnected from the Service.
Registration and Registration Data.
Upon your request, zed may register you as a user and provide you with access to the Service by allocating you a personal username and password. zed may need to change usernames allocated to certain of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You alone are responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to:
(a) provide true, accurate and complete information about yourself as prompted by the registration form (such information being the "Registration Data")
(b) maintain any password and username that we provided to you in confidence and not allow any one else using such information to access or use the Service, and
(c) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If zed has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, zed has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion of them). Prior to any such withdrawal zed will temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent. Please note your obligations under clause (Use of the Service and Content > Responsibility for the use of the Service) (Responsibility for Using the Service).
Access without registration
zed may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that zed deems appropriate. Identification is typically based on data identifying your Subscription, such as your Subscription number [or MS ISDN number provided by your network operator]. You agree that such information may be collected and disclosed to zed and used in accordance with Section Processing of your information > Privacy.
Privacy
zed is committed to the privacy of its customers. You acknowledge that zed collects and processes Registration Data and information on your use of the Service including any personally identifiable information contained therein for the purposes detailed in its "Privacy Policy" and that such collection and processing is governed by the terms of its Privacy Policy. zed's Privacy Policy is available at Privacy Policy. As global companies, zed and its affiliated companies increasingly go beyond the borders of one country and information collected and processed pursuant to your access to and use of the Services may be transferred to and from South Africa in accordance with the Privacy Policy.
Submissions
Except for personally identifiable information (if any), which is covered by our Privacy Policy, all information of any kind that you transmit to zed, including but not limited to questions, comments, suggestion, ideas, concepts, know-how, techniques or the like, shall be deemed to be non-confidential and zed shall have no obligation of any kind to you with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation for any purpose whatsoever including but not limited to researching, developing, manufacturing, selling and marketing products or services based upon or incorporating such information.
Responsibility for the use of the Service
You are fully responsible for all activities that occur under your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to (a) immediately notify zed in case you become aware of or suspect unauthorized use of your password, username or Subscription or any other breach of security, and (b) ensure that you exit from your account at the end of each session. zed cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.1.
Conduct and Prohibited activities
Any conduct or activity that we believe restricts or inhibits any other user from accessing, using, or enjoying the Service will not be permitted. You agree to use the Service only for lawful purposes. You agree not to use the Service or services available via the Services to: (a) upload, make available, send or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a zed official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, make available, send or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or any Content that you do not have a right to transmit under applicable law or under contractual or fiduciary relationship (such as information disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, send or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "Spam", chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; (f) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (g) "stalk" or otherwise harass another. Furthermore, you agree not to: (a) manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (b) intentionally or unintentionally violate any applicable law; or (c) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
The Nature of Content
The Service will include access to information, data, text, software, music, sound, photographs, graphics, video, message or other materials transmitted, displayed or made available through the Service ("Content"). Neither the Services, nor any of the Content, is intended to supply tax, accounting or legal advice, advice regarding the suitability or profitability of any security or investment, any health or medical advice, or any other advice of a personal or private nature. Although the Services may provide access to information and recommendations and research about the foregoing topics, zed does not guarantee that such recommendations are suitable to you or for any other person. You will make your own independent evaluation of the suitability of such recommendations. You assume full responsibility and liability for any and all tax, accounting, legal, investment, medical, health, or other personal decisions made by you.
Third Party Content
We may make available through the Service links to third party content, websites and the like. zed does not control and is not responsible for any such linked third party Content, or any changes or updates to such third party Content. We provide such links to you for your convenience and do not endorse any third party Content or its use.
Responsibility for Content provided by you
You will be responsible for any Content delivered through your account. In particular, you are responsible for making sure that no Content sent by you or through your account cause interference to the network, infringe copyrights or other rights, or violate these Terms, good practice (including so-called SPAM mass deliveries), legislative provisions or regulations issued by the authorities and any applicable codes of conduct or the like.
zed's right to refuse Content
You acknowledge that zed does not monitor Content, but that zed may (without any obligation to do so), at its sole discretion, refuse or remove any Content that you or any third party make available via the Service. Without limiting the effect of this clause, zed shall have the right to remove any Content that violates any law, regulation, these Terms, the Specific Terms or is otherwise objectionable (as determined by us in our sole discretion). You agree to evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
zed's right to disclose information
You acknowledge and agree that zed may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of zed, its users and the public.
Use of content of third parties
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Content you post into public areas of the Service, including but not limited to chat groups, message boards and other areas accessible to large or unlimited number of users of the Service or other persons, is or may be accessible to other users of the Service or other persons. Accordingly you grant other users of the Service, zed or other persons having access to such Content a royalty-free, irrevocable and worldwide license to use and reproduce, modify, and translate such Content in association with the Service.
Intellectual Property in the Services
You acknowledge and agree that the Service, any software used in connection with the Service ("Software"), and usernames allocated to you contain proprietary and confidential information that is protected by applicable intellectual and industrial property laws and other laws and which belong to zed or third parties. You will not acquire ownership of any worldwide intellectual property rights in the Software or the Service or usernames by virtue of your use of the Services. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by zed, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by zed for use in accessing the Service. zed hereby grants you a license to make a single copy of the Content on the equipment you use to access the Service and to use and display such copy of the Content on such equipment for private non-commercial purposes. Without zed's prior permission, you agree not to display or use in any manner, the trademarks, trade names or logos used in connection with the Service.
Any artistes' names that are used in conjunction with the Service or on any promotional material are used solely for the purpose of identifying the Service and/or the content (such as ringtones and wallpapers). Such use does not indicate that the artiste(s) was/were involved in any way in the production or provision of the Service and/or content, and does not indicate in any way some association between zed, the Service or the content and the artistes, their commercial partners and agents or products.
Fees
The fees and terms of payment are made available through your handset, in the Specific Terms, on the Site or as otherwise disclosed to you. You agree to pay for the Service and the use thereof in accordance with the fees applicable from time to time. Unless otherwise indicated, the charges will be invoiced on your mobile operator's or carrier's bill (i.e. on the bill related to the use of the mobile subscription with which you have accessed the Service). zed may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with the said third party. Such charges will be invoiced in accordance with the fees of such third parties.
Price changes
zed reserves the right to change the fees for the Service from time to time by posting details of such changes on the Site or in other publicity materials or informing you of such changes through your mobile phone or other means.
Overdue payments
Any overdue unpaid amount will bear an interest of four per cent (4%) per annum or the highest interest allowed by applicable law, which ever is lower.
Invitations to order
Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services will be deemed as a binding offer by zed, but an invitation for you to order.
Contract for the Service
In respect of contracts for the products and services of zed and independent third parties which are made available through the Service, these will be deemed concluded when zed or the third party which has accepted your order for the same or has provided you with the product or service pursuant to your order.
Assignment
You may not assign or otherwise transfer the contract or assign, transfer or sub-license any of your rights hereunder. zed will have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party of which notice in writing will be given to you provided such assignment is made under terms no less favourable to you than those in these Terms. After a notice concerning the transfer of receivables, payments will be valid only when made to the new service provider.
Contracts for products and services purchased through the Service
In respect of contracts for the products and services of zed and independent third parties which are made available through the Service, these will be deemed concluded when zed or the third party which has accepted your order for the same or has provided you with the product or service pursuant to your order.
Assignment
You may not assign or otherwise transfer the contract or assign, transfer or sub-license any of your rights hereunder. zed will have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party of which notice in writing will be given to you provided such assignment is made under terms no less favourable to you than those in these Terms. After a notice concerning the transfer of receivables, payments will be valid only when made to the new service provider.
Children (a)You warrant that you are not a minor (i.e. you are 15 years old or over) or if you are a minor, you have obtained the permission of your parent or guardian to use the Service and the agreement of the person responsible for paying the phone bill for the charges incurred. (b)Parents and guardians are reminded of the importance of supervising their children's use of the Service and their responsibility for the acts of such children.
Right to modify services
zed will have the right to provide the Service, as it deems best but will try to ensure that the Service is of no lesser standard than as at the date these Terms were entered into. zed reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Services are to be permanently discontinued by zed it will notify you of this fact.
Service Upgrades
If any upgrade in a service requires changes in your equipment or software, you must effect these changes at your own expense. zed will inform you of any such alterations in the Service in advance. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services, including the release of new services, will be subject to these Terms.
General practices
You acknowledge that zed may establish general practices and limits concerning use of the Service (such as maximum number of days that uploaded Content will be retained by the Services and the maximum disk space that will be allotted on zed's servers on your behalf). You acknowledge that zed reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that zed reserves the right to change these general practices and limits at any time, at its sole discretion, without notice.
NO WARRANTIES OTHER THAN Terms
THE SERVICE (AND ANY SERVICES AND CONTENT AVAILABLE THROUGH zed's SERVICES) ARE OFFERED TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND SAVE AS PROVIDED IN THESE TERMS AND AS REQUIRED BY THE LAW APPLICABLE TO THESE TERMS OF SERVICE. YOUR USE OF THE SERVICES AND/OR ANY CONTENT IS AT YOUR OWN RISK AND THE USE BY YOU OF THE SERVICES MUST COMPLY WITH INSTRUCTIONS GIVEN BY zed FROM TIME TO TIME.
CONTENT
YOU UNDERSTAND THAT THE CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON FROM WHOM SUCH CONTENT ORIGINATED. UNLESS EXPLICITLY STATED TO THE CONTRARY, zed DOES NOT CONTROL THE CONTENT POSTED VIA OR MADE AVAILABLE USING THE SERVICE AND DOES NOT WARRANT THE ACCURACY, AVAILABILITY, INTEGRITY, OR QUALITY OF SUCH CONTENT. zed WILL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, OTHERWISE TRANSMITTED VIA OR MADE AVAILABLE USING THE SERVICE.
SERVICES
zed MAKES NO WARRANTY THAT (i) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE (OR ANY SERVICES OR CONTENT AVAILABLE THROUGH zed's SERVICES) WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS BASED ON THE INFORMATION AVAILABLE TO YOU IN CONNECTION WITH THE SERVICE AT THE DATE OF ACCEPTING THESE TERMS, AND (iii) ANY ERRORS IN THE SERVICE (OR ANY SERVICES OR CONTENT AVAILABLE THROUGH zed's SERVICE) WILL BE CORRECTED.
DOWNLOADING OF CONTENT
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS OF THE DOWNLOAD OR USE OF SUCH MATERIAL.
SECURITY MEASURES
zed WILL USE REASONABLE EFFORTS TO SECURE ANY INFORMATION THAT YOU TRANSMIT OR STORE THROUGH THE SERVICE IN ORDER TO PREVENT UNAUTHORIZED ACCESS BY THIRD PARTIES. YOU ACKNOWLEDGE, HOWEVER, THAT zed IS UNABLE TO EXERCISE FULL CONTROL OVER THE SECURITY OF INFORMATION PASSING OVER THE NETWORK UTILIZED BY THE SERVICES OR VIA THE SERVICE, AND zed HEREBY EXCLUDES ALL LIABILITY OF ANY KIND FOR UNAUTHORIZED ACCESS TO INFORMATION PASSING OVER THE NETWORK OR VIA THE SERVICE.
GENERAL WARRANTIES
(A) THE SERVICE IS INTERNET AND SMS MESSAGE DRIVEN AND zed IS NOT ABLE TO CONTROL EFFICIENCY OF ALL NETWORKS IN THEIR ENTIRETY OVER WHICH THE SERVICE (AND INDIVIDUAL zed OR THIRD PARTY SERVICES) ARE SUPPLIED. THEREFORE zed ASSUMES NO RESPONSIBILITY FOR ANY DISRUPTION TO THE SERVICE/INDIVIDUAL zed SERVICES PROVIDED THAT IT WILL USE ALL REASONABLE EFFORTS TO RECTIFY ANY SUCH DISRUPTION AS SOON AS REASONABLY PRACTICABLE. FURTHER zed MAKES NO REPRESENTATION OR WARRANTY AND ASSUMES NO RESPONSIBILITY FOR THE DELAYS IN PROVISION OF THE SERVICE/INDIVIDUAL zed SERVICES, DISTORTION, DELIVERY OR STORAGE FAILURE WITH REGARD TO ANY CONTENT, COMMUNICATIONS OR PERSONALIZED SETTINGS OR THE EQUIPMENT USED BY YOU IN RELATION TO THE SERVICE OR INDIVIDUAL zed SERVICES;(B) WHEN USING THE INTERNET SERVICES YOU MAY FIND FROM TIME TO TIME SITES AND ADDRESSES WHICH YOU WISH TO VISIT HAVE BEEN DISCONNECTED OR CANNOT BE FOUND. zed IS NOT RESPONSIBLE FOR MAINTAINING ANY SITE OR ADDRESS OTHER THAN OUR OWN AND CANNOT GUARANTEE THE CONTINUED AVAILABILITY OF ANY OTHER PERSON'S SITE OR ADDRESS. zed WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SERVICE OR ANY PART THEREOF NOT WITHIN OUR REASONABLE CONTROL;(C) NO NON-FRAUDULENT ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM zed OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS SAVE ANY TERMS EXPRESSED TO BE ABLE TO BE VARIED IN THESE TERMS.
zed shall not be liable for any loss or damages, of whatever nature, suffered by you as a result of:
(a) our or our employees' negligence; or
(b) our default.
Without derogating from the generality of clause 9.1 above, zed WILL NOT IN ANY CIRCUMSTANCES BE LIABLE UNDER THESE TERMS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR LOSSES INCLUDING (WITHOUT LIMIT) FOR LOSS OF BUSINESS CONTRACTS, SAVINGS, ANTICIPATED SAVINGS, PROFITS OR GOODWILL, LOSS OF DATA HOWEVER THESE MAY ARISE OR FOR ANY OTHER UNUSUAL LOSSES.
SUBJECT TO CLAUSE b, you agree that should zed be found to be liable by a court or tribunal of competent jurisdiction, zed's MAXIMUM LIABILITY to you FOR any LOSSES RESULTING FROM zed's BREACH OF THESE TERMS OR OUR NEGLIGENCE WILL BE LIMITED IN RESPECT OF ANY ONE EVENT OR A SERIES OF CONNECTED EVENTS TO BE NO MORE THAN $100 . YOU WILL NOT USE THE SERVICE IN ANY CASE WHERE DAMAGE OR INJURY TO PERSON, PROPERTY OR BUSINESS MAY OCCUR IF ANY ERROR OCCURS AND YOU EXPRESSLY ASSUME ALL RISK FOR ANY SUCH USE.
Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that zed may not, as a matter of applicable law, disclaim any liability or implied warranty, the scope and duration of such warranty is the minimum permitted under such applicable law.
Indemnification.
You agree to release, indemnify, defend and hold harmless zed, its parent company, subsidiaries, affiliates, officers, directors, shareholders, contractors, agents, employees, licensors and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising our of or in connection with (a) your use of the Service, and (b) the breach by you of your representations, warranties, and covenants set forth herein and available to zed in law.
(a) You agree that zed, at its sole discretion, may terminate your use of the Service or individual services provided via the Services, and remove and discard any Content within such services, if you remain in breach of this agreement for more than 7 days from notice of such fact.
(b) Both zed and you may terminate these Terms by submitting a notice in accordance with clause 11.1. The termination will be effective at the end of the calendar month following the month when you gave your notice of termination.
If you cancel your account or subscription for any reason, zed will not refund any of your fees paid to date, except as expressly agreed to by us in writing.
Suspension of the Services.
zed may suspend all or any of the Services (or individual services provided via the Services), for lack of use, or if zed believes that you have violated or acted inconsistently with Terms.
Deletion of account information on termination.
You agree that on any termination of your access to the Service under any provision of this Terms zed may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that zed will not be liable to you for any termination of your access to the Service. Should any third party bring any claim against zed as a result of zed terminating your access to the Service, you agree to indemnify and hold harmless zed against such claim to the fullest extent of applicable laws.
Notices
You will send any notices related to these Terms to the following address: zed.care.au@zed.com. zed will serve notices related to this contract by posting them on the Site or by sending them to the address or e-mail address you have given to zed pursuant to Section 2.2, or as a text message to your mobile Subscription number. Notices sent by mail will be deemed received seven days after they were sent. Notices posted on the Site or sent by e-mail or as a text message will be deemed received on the weekday following the day when they were posted or sent.
Changes to Terms
zed reserves the right to change these terms and conditions from time to time. Changes will be notified to you by posting on the Site or by sending you a notice pursuant to Section 11.1 above. Changes in this manner will be deemed to have been accepted if you continue to use the Service after a period of two weeks from the date of posting on the Site or from the notice.
Reasonable Control.
zed will not responsible for non-compliance with the terms of these Terms where such non-compliance results from matters beyond zed's reasonable control.
The Terms and the relationship between you and zed will be governed by the laws of Australia. The failure of zed to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision to the fullest extent permitted by law, and the other provisions of these Terms remain in full force and effect.
This website is intended to be accessed from Australia. zed does not in any way represent that the website (and the contents therein) comply with the laws of any country, other than the Australia. If you access this website from outside of Australia, you do so on your own responsibility and are to ensure that you comply with the applicable laws.
Our Commitment to You.
zed Australia .......... [trading as zed] (interchangeably "zed", "we", "our", "us") is committed to maintaining the privacy and security of your personally identifiable information ("Personal Information") as required by applicable law. As part of our commitment to you, we have developed this Privacy Policy to make you aware of our information gathering practices and the ways in which we use the information we receive from you. If you have additional questions after reading this Privacy Policy or would like to give us your feedback, please e-mail us at: zed.care.au@zed.com This Privacy Policy applies to all Personal Information obtained by or for zed through electronic transactions for use with or in connection with its services (the "Services").
Information We Collect and How We Use It.
In order to sign in to the Services and use our services, you will be asked to enter an e-mail address, mobile phone number and password, which we refer to as your "Credentials". As part of creating your Credentials, you may also be requested to provide additional information which we use to verify your identity and assist in resetting your password. We will only collect information that we believe is necessary for our legitimate business interests, such as improving marketing of our products, meeting the needs of customers, and we will ensure that confidential information remains protected in accordance with applicable industry standards. Additionally, we will maintain procedures to ensure that we only collect Personal Information with your consent, and that we protect it in a manner consistent with this Privacy Policy and all applicable laws.
Personal Information: zed, its affiliates, and its agents requests, collects, collates, process and/or stores ("Processes") user-specific information you provide to us or that is provided to us on your behalf. Personal Information collected by zed may include (without limitation) your name, address, telephone number, carrier and model and e-mail address and financial information. Personal Information may be used to communicate with you; provide you with products and the Services or any other services you have requested; respond to your requests; provide enhanced security update our product offerings; improve the content and user experience on our Services and for non user-specific research and studies; benchmarking, advertising, marketing; promotional and related purposes (see Aggregate Information below). You agree that zed may freely share your Personal Information within the La Netro zed Group of Companies and/or zed's affiliates and/or partners.
Aggregate Information: We may use technology that lets us know what type of browser you are using, the website from which you enter our website, and the pages you view as you visit the website. This technology does not identify you personally ? it simply helps us compile aggregated statistics and profiles about our guests and their use of our Services. We use these statistics to improve our Services design and content, and in the preparation and delivery of our marketing programs. We also aggregate Personal Information to provide non user-specific information to other businesses and other organizations. This "Aggregate Information" does not contain any user-specific information and is used for research and studies, benchmarking, and other advertising and marketing purposes. Aggregate Information cannot be traced back to specific users.
Messages & Correspondence: We may wish to send you further information, marketing materials or offers by post, SMS text, e-mail or telephone. We may also pass on your contact details to carefully selected companies and our commercial partners (whether within or outside Australia) who may also want to send you information, marketing materials and offers that may be of interest to you. If you do not wish to receive such e-mails, SMS or other correspondence from us or such parties, please send us an e-mail to that effect at zed.care.au@zed.com or call our customer service at: 1300 797 587. NOTE, however, that access and use of the Services requires the use of SMS and other correspondence and you will not be able to continue using the Services unless you agree to receive SMS, e-mail and other correspondence from us. When you correspond with us via SMS, e-mail or other means of communication, we may collect this information in a file specific to you.
"Cookies": We use technology such as "cookies" on our website to help us analyze the use of our website. "Cookies" are small files placed on your hard drive that assist us in providing our services. For example, by storing cookies on your hard drive, you will return to a specific website with the same settings you used on a previous visit. Certain features on our website may only be available through the use of "cookies".
Ongoing Transfers of Personal Information
The Personal Information that you provide to us may be transferred across state or national borders for the purposes of data storage, consolidation, retrieval, and to effectively manage customer information.
Your Access to Personal Information
zed will maintain procedures consistent with applicable law for individuals to gain access to their collected Personal Information and, when appropriate and upon request, correct or delete their Personal Information.
Data Integrity
In addition to providing users with access to their Personal Information, we take other reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and current. For example, we will only collect Personal Information that is relevant for its legitimate and intended purposes.
Data Security
We will take reasonable precautions to protect Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, we do not guarantee that your Personal Information will be 100% secured. You are responsible for guarding against unauthorized access to your passwords and the unauthorized use of your computer.
Privacy Policy Compliance & Enforcement
We are committed to complying with all applicable laws and regulations governing the collection and use of Personal Information. From time to time, zed will review its Personal Information collection, use, and disclosure practices in order to assure that we are complying with our Privacy Policy and all applicable laws and regulations. Your use of the Services and any dispute over privacy is subject to this Privacy Policy and our Terms of Service. If you have any concerns about the privacy or security of your Personal Information, please contact us at zed.care.au@zed.com. We will attempt to resolve your inquiry in a timely manner.
Third Party Links.
zed's Services may contain links to other sites. When you click on one of those links, you are accessing a site that is not owned, operated, or controlled by zed or any of its affiliates. The operator of such site may have its own privacy policy (which we encourage you to read carefully), and that policy will govern the collection and use of your data on that site. zed does not share your Personal Information with these parties and is not responsible for their privacy practices.
Legally Required Disclosures of Personal Information
zed will, when permitted or required by law or court order Process, and/or disclose Personal Information pursuant to procedures that do not require giving notice or acquiring consent from affected users. This may include, but is not limited to, circumstances under which we may be required to disclose Personal Information in connection with law enforcement investigations. Therefore, although we are committed to maintaining the privacy and security of your Personal Information to the extent reasonably possible, we cannot and do not promise that your Personal Information will always remain private.
We Retain the Flexibility to Change This Policy.
By using zed's Services, you consent to the collection and use of your information as set forth in this Privacy Policy. From time to time, we may make changes to this Policy. We will post notice of any changes to this Privacy Policy that will affect the gathering and use of your Personal Information. Such notice will include information on how you may remove your Personal Information from our database or opt out of new uses of information, as applicable. NOTE, however, that so opting out will cause you not to be able to access and use the Services. If you are concerned about the use of your information, you should consult this page periodically.
Interception of communications
You agree that your communications to zed may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by zed or any other competent authority.
Effective Dates
This Privacy Policy was last updated on 20 April, 2006 and shall be effective immediately. Any changes made to this Policy will automatically be effective 30 days after they are posted on this page.
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