Zivora Website Terms and Conditions

Effective date: 16 July 2019
  1. Introduction
    1. This website is a created and controlled by Zivora Pty Ltd Pty Ltd (ACN 613 314 819) (we, us or our).

    2. These terms and conditions of use (Terms of Use), together with our Privacy Policy, apply to your use of our products, services, data visualisation and insights platform (Platform) and website www.zivora.co (collectively, referred to as the Site). The term you or your refers to the person or organisation accessing, using or relying upon, the Site.

    3. Please read these Terms of Use carefully before you start to use the Site. Whenever you access or use our Site you indicate that you have read, understood and accept these Terms of Use, together with our Privacy Policy, and that you agree to be bound by them. Please contact us at support@zivora.co if you have any particular questions in relation to the use of the Site. If you do not wish to comply with the Terms of Use, you should not access or use the Site and the products, services and Platform offered, on or via, the Site.

  2. Information provided on this Site
    1. The purpose of this Site is to provide you with information about our products, services and Platform. The information and material contained on this Site does not take into account your individual needs, objectives or circumstances, and it is does not constitute legal, financial, accounting, taxation or other advice. Any reliance on, and use of, the information and material contained on this website is at your own risk.

    2. We do not warrant the accuracy or completeness of the information and material provided on, or via, the Site and we are under no obligation to update this information or material nor notify you of any changes unless required by law. We assume no responsibility or liability for any such inaccuracies, errors or omissions, and we are not liable to you or anyone else for any use or reliance upon any information or material contained on, or via, the Site.

    3. Your use of, and reliance on, third party goods, services or content appearing on, or via, this Site, or any user generated content appearing on or via social media pages or other websites which are linked to this Site is at your own risk. We have no control over the contents, quality, integrity of those third party websites, products or services, and we accept no responsibility for them or for any loss or damage that may arise from your access to, and use of, them (notwithstanding anything else contained herein or otherwise). You must make your own decision to use such websites and to accept their terms of use and privacy and other policies.

  3. Access and use of this website
    1. We will not be liable to you or anyone else if for any reason the Site is unavailable (wholly or partly) at any time or for any period.

    2. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products or, information and content we provide on, or via, the Site at any time without notice. From time to time, we may restrict access to some parts of the Site (wholly or partly).

    3. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection or mobile telephone are aware of these Terms of Use, and that they comply with them.

    4. When accessing and using the Site, you must not misuse, disrupt, impair or undermine the security or integrity of the Site or our computing systems or networks, or any computing systems or networks involved in maintaining this Site, or gain unauthorised access to any systems or materials other than those you have been given express permission to access.

    5. You must not use this Site to post, distribute or transmit any files that may damage any other person’s computing devices or software (including any virus, worm, Trojan, or other harmful software or component), content or material that may be offensive, or material or data in violation of any law.

  4. Liability and disclaimer
    1. The Internet is not a secure medium and communications to and from this Site may be intercepted or altered in transit. We do not warrant and we are not liable to you or any third person for any loss or damage arising out of, or in connection with, any virus, system failure or other technologically harmful material that may infect your computer equipment, systems, or data due to your access to, or use of, this Site or any links to third party websites, and for the downloading of any material posted on this Site or any third party website.

    2. The Site, any information or material displayed on, or via, the Site, our products, services and Platform are provided to you ‘as is’ and ‘as available’ without warranty conditions or guarantees as to their accuracy, completeness, timeliness, reliability, currency or fitness for purpose. It is your sole responsibility to determine that the Site, information, products, services and the Platform meets your personal needs and is suitable for the purposes for which it is used.

    3. To the maximum extent permitted by law, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with access to, and use of, the Site, our products, services and platform, or any information or material displayed on, or via, the Site, any social medial pages and third party websites linked to it.

    4. Nothing contained in these Terms of Use excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.

    5. Without limitation to the foregoing, you agree that in no event will our maximum aggregate liability exceed AUD $1,000. To the maximum extent permitted by law, we, our directors, employees, contractors and agents will not be liable to you or anyone else for any for any labilities, claims, suits, demands, costs and expenses (including legal costs), damage or injury (including personal injury), or any special, direct, indirect or consequential loss or damage, or contracts, loss of anticipated or actual profits, loss arising from business interruption, loss of anticipated or actual revenue, economic loss, loss of anticipated savings, loss of data, loss of use, loss or privacy, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, arising out of, or in connect with, the Site, any social medial pages and third party websites linked to it, the use or inability to use, or reliance on, the Site, any information or material displayed on, or via, the Site, our products, services or Platform or these Terms of Use.

  5. Intellectual Property
    1. All information, text, materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), layout, control features, advertisements, arrangement, graphical user interface, look and feel, databases, images, links, and software published or otherwise contained on this Site (Our Content) is our exclusive property. This Site and Our Content is protected by copyright, trade mark and other intellectual property laws.

    2. You may download and print Our Content from this Site for your own personal or internal business purposes only. You are not allowed to modify, adapt, copy, distribute, transmit, display, reproduce, publish, license, incorporate in other works (whether electronic or not), transfer, or sell any of Our Content found on or obtained from our Site, or our social media sites, without our written consent.

  6. Links to the Site

    You must not create or maintain any link from another website to this Site without our written consent. To request our written consent, please contact us via email at support@zivora.co.

  7. Amendments

    We reserve the right to change, update, or correct the Terms of Use or any information contained on the Site at any time without notice by posting amended Terms of Use to the Site. Your continued use of the Site means that you accept and agree to the revised Terms of Use. If you do not accept these Terms of Use (as amended from time to time), you should stop accessing and using the Site immediately.

  8. General
    1. Any failure or delay by us in enforcing any provision in these Terms of Use will not be construed as a waiver of any of our rights hereunder. No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.

    2. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms of Use.

    3. If any court decides that any of the provisions of these Terms of Use are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms of Use will continue to be valid.

    4. These Terms of Use are governed by the laws of the state of New South Wales, Australia and each party submits to the jurisdiction of the courts of the state of New South Wales, Australia.

  9. Further information

    If you have any queries or would like further information about these Terms of Use, our Site, products or services, please contact us at support@zivora.co or use the help/support Chat Box function.