Zyft - Terms and Conditions

Zyft Terms and Conditions

These Terms and Conditions apply to your use of the Services. The Services are owned and operated by Zyft Holdings Pty Ltd ABN 48 629 307 697 trading as Zyft.

You accept these Terms and Conditions when you register for an Account. If you do not agree to these Terms and Conditions, you must not register for an Account (and if you have already registered for an Account you must delete it), and you must immediately stop using our Services, and remove our Browser Extension from your Device.

By registering for an Account, you are confirming to Zyft that you are at least 18 years of age, that you are a resident of Australia, and that you are legally capable of entering into binding contracts. If you are under 18 years of age, you warrant to us that your parent or legal guardian consents to the registration of your Account, and that your parent or legal guardian accepts these Terms and Conditions on your behalf.

You acknowledge and agree that you will only use our Services and our Browser Extension for personal, non-commercial use.

Accounts
1. You do not need an Account to use the Services, however if you do not have an Account, you may not be able to access the full functionality of the Services.
2. You can register for an Account through the Services by giving Zyft your full name, date of birth, mobile number, and email address. You may only register for an Account in your own name, and you must not provide another person's Personal Information or provide false information to register an Account.
3. The security of your password is very important, as it can be used to access your Account and all Personal Information and other information that you store on your Account. You must keep your Password, and any record of it, confidential and keep it secure from any unauthorised access or use.
4. You are responsible for all activity on your Account, regardless of whether or not you authorised that activity.
5. You must immediately notify us of any unauthorised access to or use of your Account, and you must take immediate steps to re-secure your Account in the event of unauthorised access or use.
Licence
Provided that you comply with these Terms and Conditions, Zyft grants you a non-exclusive, royalty-free, non-transferable, non-sublicensable licence to use the Services for the sole purpose of receiving the benefit of the functionality of the Services. You acknowledge and agree that Zyft may impose further terms or limitations on this licence from time to time.
Functionality
1. Through the Services you can:
  1. search for special offers and deals offered by Merchants, including offers and deals available through third party loyalty program memberships;
  2. check the pricing history and current pricing for products, and browse product information;
  3. check availability of products;
  4. check estimated shipping costs;
  5. search for stockists nearest to you; and
  6. search for other product-related details or information;
2. Zyft itself does not provide any products through the Services. We provide the Services as a platform to allow you and other users to access information from third parties that relates to your purchasing decision relevant to a product. In all cases, you are purchasing products direct from Merchants and not from Zyft. You acknowledge and agree that Zyft:
  1. is not a reseller, distributor, agent or employee of any Merchant; and
  2. is not liable for the quality of any products provided by any Merchant; and
  3. is not responsible for any advertising or other information or content that you may access using the Services.
3. Any information regarding any products available through the Services is from the relevant Merchant. You acknowledge and agree that:
  1. information and content made available on the Services may be incomplete or inaccurate at any time;
  2. Zyft does not guarantee the Services will always find the best available product match and price, and Zyft is not responsible for any lost savings or missed opportunities;
  3. Zyft does not charge you fees for the Services; and
  4. Zyft may receive a commission from Merchants when you purchase products and apply available discounts and coupons to your purchase using the Services.
Providing information to Zyft
1. You agree to provide current, complete and accurate information for your Account and for any use with the functionality of the Services, and to promptly update your information so that we can maintain and manage our supply of the Services to you, and contact you as needed.
2. Zyft may (but is not obliged to) keep any records or back ups of the information you give us or store on the Services, and that we may provide access to you through the Services. However, you must keep and maintain a separate back-up copy of the information you give us if you wish to have access to them in a different format or for longer than our usual retention period.
Devices
1. Not all Devices are capable of accessing and using the Services. You are responsible for using, having or obtaining a compatible Device in connection with any access and use of the Services.
2. Zyft is not responsible for:
  1. any inability of a Device to access the Services; or
  2. any loss or damage to a Device from your access and use or attempted access and use of the Services.
Payments
1. All payments for any products are processed directly by the relevant Merchant.
2. You may incur charges from your Internet or mobile service provider for using the Services.
3. Any such charges are your sole responsibility and any matters regarding these charges should be raised with the Merchant or your Internet or mobile service provider directly.
Analytics, cookies and web beacons
You acknowledge and agree that Zyft may use analytics on, or engage third party data analytics service providers for, the Services which enable us to track your activity on the Services, monitor usage patterns, further develop and improve the Services, and to offer relevant information to you. If you do not want us to access, collect or use your information for this purpose, you may close your Account. Zyft may also use 'cookies' and 'web beacons' in accordance with our Privacy Policy.
Third Party Websites
Zyft may include links to Third Party Websites or Content on the Services. For example, Merchants may include hyperlinks to their Third Party Websites or Content. These links are provided for your convenience only and you acknowledge and agree that those Third Party Websites or Content do not form part of the Services and are not under Zyft's control. You access those Third Party Websites or Content at your own risk. We exclude all liability and responsibility for any loss or damage you may suffer as a result of your accessing or trying to access any Third Party Websites or Content.
Acceptable Use
1. You agree that you will not, and you will not permit any other person to:
  1. record your password for your Account on your Device or on any article normally carried with your Device and which might be lost or stolen with your Device;
  2. permit any other person to use your Account;
  3. disclose the password relating to your Account or make your Account available to any other person (including a Family Member);
  4. access or use the Services in a manner which could interfere with the Services or the access and use of the Services by other users;
  5. attempt to manipulate or bypass any limitations on the Services including by doing anything that imposes an unreasonable or disproportionately large load on the Services or any network or website connected to the Services;
  6. access or use the Services to transmit or post defamatory, harassing, abusive or threatening communications, whether by the content of the communication or the manner or frequency of the communication;
  7. do (or omit to do) anything that may jeopardise the security of the Services or access to the Services;
  8. resell, sub-license, resupply, provide a bureau service using, communicate or otherwise make available your Account or the Services to a third party;
  9. post to the Services or transmit or distribute any code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;
  10. remove or tamper with any copyright, trade mark or other proprietary notice of ours or any other entity on the Services;
  11. commit or encourage a criminal offence using the Services; or
  12. copy, reproduce, translate, decompile, disassemble, reverse-engineer, attempt to derive the source code, modify, vary or otherwise deal with the Services, any computer code underlying the Services or any content on the Services or any part thereof.
2. You will:
  1. prevent anyone else seeing your password to your Account being entered into any Device; and
  2. comply with all applicable laws in relation to your access to and use of the Services.
Availability, support, and updates
1. You acknowledge that the Services may be hosted, managed and supported by Zyft or by a third party cloud-based provider.
2. Although Zyft will use commercially reasonable efforts to ensure the Services and access to them are available 24 hours a day, 7 days per week, the Services may become unavailable or inaccessible from time to time for any scheduled Updates or as a result of events beyond our reasonable control, such as:
  1. failure or default by any of Zyft's third party service providers;
  2. abnormal usage volumes; or
  3. breach of these Terms and Conditions by, or negligence or malicious conduct of you or some other person.
  If that happens, we will use commercially reasonable efforts to overcome the circumstances or mitigate their effects, and to resume full operation of the Services as soon as reasonably practical.
3. Zyft will use commercially reasonable endeavours to ensure that the Services are subject to security measures that are consistent with accepted industry standards. However, you accept that the Internet is not a fully secure environment and that Zyft cannot guarantee that the Services will be secure, error free, uninterrupted or timely or that the Services or their related servers, are free of viruses, bugs or other harmful applications or interference. As such, you:
  1. provide information to us through the Services at your own risk; and
  2. are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements and safeguard your own Device.
4. We may make Updates to the Services at any time. You acknowledge and agree that the Services may be unavailable for the purpose of us rolling out such Updates. We will use commercially reasonable endeavours to ensure that any Updates will not materially adversely impact your use of the Services.
Notifications
1. We may provide you with electronic notifications by email, push notification or other electronic means. Some electronic notifications are mandatory, including security-related notifications, such as when you update your log-in information or password.
2. Other types of notifications are voluntary and may be modified through the Services. They may be customised, deactivated or reactivated by you.
3. Electronic notifications will be sent to the email address you have provided as your primary email address for the Services. You must ensure that you always have a current email address associated with your Account.
4. Because notifications are not encrypted, we will never include your password. However, notifications may include your Account login information and some information about your accounts. Anyone with access to your email will be able to view the content of these notifications. While you may disable certain voluntary notifications, we will still send you Services-related notices as needed to allow us to provide you the Services.
Privacy
1. Each of you and Zyft will, in performing their respective obligations under this Agreement, comply with the Privacy Act, and neither party will put the other in breach of the Privacy Act.
2. Our [Privacy Policy] explains our commitment to the protection of your Personal Information. By providing your Personal Information to Zyft through the Services, you agree to Zyft:
  1. collecting, using, and processing your Personal Information in accordance with our Privacy Policy and these Terms and Conditions;
  2. using your Personal Information to send you emails for the purposes of complying with our obligations under these Terms and Conditions.
3. Zyft will only send you marketing material by electronic communications if you have given us permission to do so. By agreeing to these Terms and Conditions, you give us this permission unless you have already told us that you do not give your consent. If we send you an electronic communication other than a communication containing no more than factual information (for example, an email advising you that these Terms and Conditions have changed), we will give you the option of not receiving further communications of that nature which will allow you to opt out of receiving electronic communications containing marketing material at any time.
4. If you suspect any misuse or loss of, or unauthorised access to or disclosure of, Personal Information in connection with the Services, you must let us know immediately.
Intellectual Property Rights
1. Zyft owns or is the licensee of all Intellectual Property Rights in the Services, including any Updates.
2. You retain your Intellectual Property Rights in information you provide to Zyft through the Services, including your Personal Information.
3. You grant us a non-exclusive, royalty-free, transferable, worldwide licence to use, and allow our personnel and service providers to use, your Intellectual Property Rights for the purposes of performing our obligations under these Terms and Conditions, and to further develop the Services. You warrant that Zyft's use of your Intellectual Property Rights will not infringe any third party's rights (including Intellectual Property Rights).
Warranties
1. To the maximum extent permitted by law, or any statutory consumer guarantee contained in any applicable law, the Services is provided on an 'as is' and 'as available' basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
2. Zyft does not warrant and has no liability to any party (including to you) in relation to:
  1. the accuracy, completeness or reliability of information available through the Services or otherwise supplied by Merchants;
  2. any Third Party Websites; or
  3. services to the extent not provided by Zyft.
Indemnity
You will be liable to Zyft for any loss or damage we may suffer due to any claim, demand or action of any kind that is brought against us arising directly or indirectly because you:
1. did not observe any of your obligations under these Terms and Conditions; or
2. acted wilfully, unlawfully, negligently or fraudulently in connection with the Services.
Liability
1. Nothing in these Terms and Conditions excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
2. To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, our liability to you for a breach of these Terms or the ACL will be limited to:
  1. in the case of goods:
    1. replacement or repair of the goods or supplying the equivalent goods again; or
    2. paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
  2. in the case of services:
    1. supplying the services again; or
    2. paying the cost of having the services supplied again.
Termination
1. We may, without notice to you, limit, suspend or terminate your access and use of the Services at any time for any reason, including due to a breach of these Terms and Conditions or due to system failure, Updates or any other reason outside of our control.
2. You acknowledge and agree that you may lose saved data (such as your Personal Information) or your personal settings on the Services, should we limit, suspend or terminate your access to the Services, at any time and that we are not responsible for any such loss.
3. You may terminate your use of the Services at any time by deleting your Account, immediately stopping your use of our Services, and removing our Browser Extension from your Device.
Entire Agreement
1. In the event that any provision of these Terms and Conditions is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms and Conditions, but that will not affect the validity and enforceability of any of the remaining provisions.
2. If we fail or delay in the exercise or enforcement of any right or provision of these Terms and Conditions, that will not amount to a waiver of that or any other right or provision.
3. These Terms and Conditions constitute the entire agreement and understanding between you and us and govern your access to and use of the Services, and supersede any prior or contemporaneous agreements, communications or proposals, regardless of whether they were oral or written, between you and us (including any prior versions of the Terms and Conditions).
4. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Governing law
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in the State of Victoria.
Changes to these Terms and Conditions
1. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to the Services.
2. It is your responsibility to check the Services periodically for changes.
3. Your continued use of the Services after these Terms and Conditions have been changes or updated, will be taken to be acceptance of such changes or updates.
Contact information
Questions about these Terms and Conditions should be sent to Zyft at info@zyft.com.
Definitions
In these Terms and Conditions:
1. ACL means the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations.
2. Account means your account set up for use with the Services, and which contains your Personal Information;
3. Browser Extension means the website browser extension we offer from time to time through a communication network to enable you to automatically apply coupon codes or promotional codes on products available for purchase at ecommerce websites.
4. Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data).
5. Device means a computer on which you have loaded the Browser Extension or on which you have accessed the Website.
6. Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including Moral Rights), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same.
7. Merchant means a third party that makes available products for purchase through a Third Party Website with ecommerce functionality.
8. Non-Excludable Rights means certain rights, consumer guarantees, warranties and remedies relating to the Services that is implied by the ACL which cannot be excluded, restricted, qualified or modified by Zyft.
9. Personal Information has the meaning set out in the Privacy Act.
10. Privacy Act means the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as amended.
11. Services means the Browser Extension, the Website, and other products or services that Zyft may offer to provide from time to time, but excluding all third party Intellectual Property Rights in all third party goods, services or other materials displayed in the course of providing the Services;
12. Third Party Websites means any websites operated by third parties.
13. Update means an update, maintenance, addition or removal of any features or functionality, redesign, improvements, new versions, or any modifications to the Services.
14. Website means zyft.com.

Last updated: 22 December 2022