A reference to “you” or to “user” means you.
A reference to “Intellectual Property Rights” means all the intellectual property rights, including but not limited to: layouts, designs, moral rights, trademarks, copyright, patents, domain names and trade names and any right to have confidential information kept confidential; any application or right to apply for registration of any of the rights referred to in paragraph 1.1.3(a); and all rights of similar nature to any of the rights in paragraphs 1.1.3(a) and 1.1.3(b) which may subsist anywhere in the world (including Australia) whether or not such right are registered or capable of being registered.
A reference to “Merchant” means any entity that advertises, promotes and offers its goods and services via the Zwype App.
A reference to “Personal Information” has the meaning given by the Privacy Act 1988
A reference to “Personnel” means the employees, contractors, officers and agents of Zwype.
A reference to “Redeem” means in relation to a coupon credit code or voucher for goods and services provided by a merchant.
A reference to “User” means any person who engages with the Zwype App
A reference to “Third Party” means any third party software, website or application which the Zwype App directly or indirectly interacts with
A reference to “Voucher” means a right for the user granted by Zwype to make a purchase for goods and service from a Zwyp Merchant on and subject to the terms of these terms and conditions
You are granted a non-exclusive, non-transferable licence to use the Sites in accordance with the conditions set out below.
You are not permitted to copy, distribute, republish, download, display, post or transmit the content of this Website or any content of the Sites unless expressly provided herein.
Zwype Pty Ltd owns and operates the Zwype App.
By downloading and/or by accessing and/or using the Zwype App (whichever is first), the User will be bound by these terms and conditions as they appear as part of the Zwype App from time to time.
Zwype reserves the right to amend the Zwype App (including any of its functionality) and these terms and conditions at any time (including as a result of amendments made by a relevant Third Party Service to its functionality or terms and conditions of use). Any amendments made to these terms and conditions will be effective immediately on them being made available on the Zwype website [www.zwype.com] and/or via the Zwype App.
We are committed to protecting the privacy and confidentiality of information we collect from persons accessing this Website.
Registration and Operation
The User agrees that they will register to use all functions and to be eligible for all consideration of the terms and conditions of the Zwype App; by registering for the Zwype App the user must provide all information required by Zwype during the registration process (User Information) to Zwype via the Zwype App or a nominated website.
The User agrees and warrants that it will only have one registration with Zwype. The User acknowledges that it will not have more than one registration with Zwype at any time.
By registering and providing the User Information, the User warrants that: it will provide up-to-date, current and accurate information and will continually update all User Information as required; it will keep the registration details, including username(s) and password(s), secure and confidential; and the User Information is not misleading, false, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party.
The User agrees that the Merchant will debit funds from their credit card in return for goods and services undertaken by the Merchant. The User agrees that if payment is not processed in accordance with this clause then fees and charges may apply at the Merchant’s discretion.
Intellectual Property Rights
Except to the extent that such curtailment of reproduction, distribution, adaption or publication is not permitted under the Copyright Act 1968 (Cth), or any other applicable law in the location from which the User has access to the Zwype App, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the Zwype App (or the Zwype App itself) in any form (including by e-mail or other electronic means), without Zwype's prior written consent.
All trade marks, copyright and other Intellectual Property Rights in the Zwype App and the information material contained on the Zwype App is owned by or licensed to Zwype.
- Zwype (including its authorised third party contractors) may use any data and information (including Personal Information) that has been submitted by the User for the purpose of registering with or otherwise using the Zwype App to provide the User with the Zwype App, and for other purposes including to:
- a. customise any promotional or advertising material made available via the Zwype App;
- b. contact the User with information regarding the Zwype App;
- c. monitor the User's use of the Zwype App.
- The User consents to Zwype’s use of its personal information for such uses
- Zwype can not guarantee the security of any data transmitted via the Zwype App. Any information submitted by the User using the Zwype App is done so at the User's own risk.
- Zwype is not the supplier of any of the goods and services offered through the Zwype App. Zwype does not participate in or moderate interaction between Merchants and Users
- The Merchant(s) is entirely responsible for all goods and services offered via the Zwype App. All disputes relating to any offered goods and services must be directed to the Merchant and the User hereby releases Zwype from any liability or loss the User suffers in respect of the same.
- Representations about goods and services are based on information and material provided to Zwype by the relevant Merchant. For the avoidance of doubt, the User acknowledges that Zwype takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including Merchants, on the Zwype App.
- Any dispute between the User and the Merchant must be resolved by the User and the Merchant. Zwype is under no obligation to resolve or assist the User in resolving a dispute with a Merchant.
- For the avoidance of doubt:
- a. Zwype does not provide or sell foods or beverages, and is not a seller of food or beverages (including liquor). It is up to each Merchant the User is paying through the Zwype App and the representatives of such Merchant to offer food and beverages for sale which may be purchased through use of the Zwype App;
- b. is not an agent, partner or joint venturer of a Merchant; and
- c. Zwype may offer information and a method to obtain the details of the products or services for sale from a Merchant, and will not and does not intend to provide or make a representation in respect of the quality or availability of such products or services or act in any way as a seller of food or beverages, and has no responsibility or liability for any products or services provided to a User by such Merchants or any other third parties.
2. Liability and indemnities
- To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law are excluded from these terms and conditions to the extent permissible by law. If a supply by Zwype under these terms and conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these terms and conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits Zwype to limit its liability, then Zwype's liability shall be limited to:
- a. in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired; and
- b. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again.
- For the avoidance of doubt, the cost of replacement of goods or resupply of services does not extend to goods or services supplied by a Merchant.
Disclaimer of Warranties
Your use of the service is at your express understanding that it is at your sole risk. The services are provided on an “As is” and “As available” basis. Zwype expressly disclaims all warranties of any kind, whether express or implied, to the extent which legally permissible. This includes, but is not limited to the implied warranties of merchantability, fitness for particular purpose, title and non-infringement.
Zwype makes no warranty that:
- The service will meet your requirements.
- The service will be uninterrupted, secure, timely or error/virus free.
- The results that may be obtained from the use of the service will accurate or reliable.
- The quality of any products, services, information or other material used by you, through the service, will meet your expectations.
The use of any material obtained through the use of the services shall be at your own risk and discretion. You will be solely responsible for any damage to your device or data that results from use of the services.
No information obtained by you, from Zwype and its representatives, whether written or oral, shall create any warranty which is not expressly stated in the terms.
As a condition of the User's use of the Zwype App, the User agrees to indemnify and keep indemnified Zwype and all of its Personnel against all expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against Zwype or its Personnel) that Zwype or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
- a. any breach of these terms and conditions by the User;
- b. the User's access to and/or use of the Zwype App; and
- c. any loss of, or damage to, any property, or injury to, or death of, any person caused by the User's access to and/or use of the Zwype App.
Zwype may terminate the User's access to the Zwype App and any license or Voucher associated with it at any time and for any reason including, but not limited to, a breach of these terms and conditions.
- By accessing this site, the User acknowledges and agrees that any disputes in relation to the Zwype App are to be determined by the courts of New South Wales, in accordance with the laws of New South Wales.
- Zwype accepts no liability for any failure or delay in complying with these terms and conditions where such failure or delay is due to circumstances beyond Zwype's reasonable control.
- If Zwype waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by Zwype or its authorised representative.
- If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in force.
A provision of these terms and conditions must not be construed to the disadvantage of a party because that party was responsible for including that provision and/or that provision benefits that party.