Terms of Use

Welcome to the website (site) and platform (platform) of Zapdat Pty Ltd (ACN 614 561 965) (“we”, “us” or “Zapdat”), the provider of simple client communication software designed to automate the data collection and follow-up workflow.

By accessing the site or the platform you agree to be bound by these terms of use (“Terms of Use”). These Terms of Use constitute a binding agreement between you and Zapdat and govern your use of the site and access to the platform.

Privacy Policy

Your use of the site or platform is subject to our Privacy Policy (located at https://www.getzapdat.com/privacy), which is incorporated by reference into these Terms of Use.

Prohibited conduct

Your use of the site and platform is subject to the rules set out in Schedule 1 below.

Violations of these Terms of Use

Without limiting any other remedies available to Zapdat at law or in equity, Zapdat reserves the right to, without notice:

  • temporarily or indefinitely suspend, or terminate, your access to the site or platform or refuse to provide services to you if:
  • you breach any provision of these Terms of Use;
  • Zapdat is unable to verify or authenticate any information that you provide to us; or
  • Zapdat believes that your actions may cause damage and/or legal liability to Zapdat, any of its customers or suppliers or any other person; and
  • remove or block access to any information and/or materials (in whole or in part) that Zapdat, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person’s intellectual property rights or these Terms of Use.
Indemnity

You indemnify and hold harmless Zapdat and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

  • any material or information that you submit, post, transmit or otherwise make available through the site and platform
  • your use of the site or platform; or
  • your negligence or misconduct, breach of these Terms of Use or violation of any law or the rights of any person.
Username and password

Upon registration with the platform, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password. Zapdat will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that Zapdat will be entitled to assume that any person using the platform with your username and password is you or your authorised representative.

You must notify Zapdat immediately of any known or suspected unauthorised use of your password and immediately change your password within the platform or via the “Forgotten Password” process.You must also notify Zapdat immediately of any other breach of security.

Approval of registrations

Zapdat reserves the right to accept or reject any application for registration of an account with the platform at its discretion.

Copyright

In these Terms of Use, the term “Proprietary Content” means:

  • the site and platform;
  • all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in the site and platform, and the selection and arrangement thereof); and
  • all software, systems and other information owned or used by Zapdat in connection with the services offered through the site and platform (whether hosted on the same server as this site or otherwise).

but does not include any Data provided by users.

All Proprietary Content is the property of Zapdat or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of Zapdat.

Trademarks

The phrase “Zapdat Where Work Flows” is a trademark of Zapdat. The look and feel of the site and platform (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Zapdat. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Zapdat.

User Content

In these Terms of Use, the term “User Content” means any and all content that is submitted, posted or otherwise added to the site or platform by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback and includes Data.

The platform contains some features that enable you and other users to upload User Content. Zapdat reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion. In respect of any User Content that you upload, you:

  • represent and warranty to Zapdat that your sharing of that User Content does not infringe any copyright or other legal right of any other person;
Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZAPDAT AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THE SITE AND ANY SERVICES PURCHASED OR OBTAINED THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

The site and platform are provided strictly on an “as is” basis. To the maximum extent permitted by law, Zapdat and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the site and platform.

Exclusion of liability

To the maximum extent permitted by law, Zapdat and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Terms of Use or the use of the site or the platform by you or any other person.

Remedies limited

To the maximum extent permitted by law, Zapdat and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at Zapdat’s sole discretion):

  • in the case of services:
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.
Release

You agree that your use of the site and platform is at your own discretion and risk. You agree to release Zapdat and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of the site or platform by you or any other person. Zapdat may plead this release as a bar and complete defence to any claims or proceedings.

Interpretation

In these Terms of Use, the following rules of interpretation apply:

  • headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Terms of Use;
  • these Terms of Use may not be construed adversely against Zapdat solely because Zapdat prepared them;
  • the singular includes the plural and vice-versa;
  • a reference to a “person” includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “in particular” or similar expressions.
Notifications

Zapdat may provide any notification for the purposes of these Terms of Use by email and/or by adding the notification into your user control panel.

Costs

Except as specifically provided in these Terms of Use, each party must bear its own legal, accounting and other costs associated with these Terms of Use.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Terms of Use without Zapdat’s prior written consent. Your registration with the site and platform is personal to you and may not be sold or otherwise transferred to any other person.

Zapdat may assign, transfer or sub-contract any of its rights or obligations under these Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Zapdat to act with respect to a breach by you or others does not waive Zapdat’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Terms of Use are severable and, if any provision of these Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

Zapdat reserves the right to amend these Terms of Use and any other policy on the site or platform at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of the site or platform will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the services offered through this site.

You may only vary or amend these Terms of Use by written agreement with Zapdat.

Governing law and jurisdiction

These Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them.


Schedule 1 – Prohibited conduct

YOU MUST NOT:

  • use any device, routine or software that interferes, or attempt to interfere, with the proper working of the site or platform;
  • engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
  • use the site or platform to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
  • use the site or platform to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
  • use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of the site or platform;
  • use the site or platform by any automated means;
  • use this site or platform to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
  • access, retrieve or index any portion of the site or platform for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
  • interfere with the display of any advertisements appearing on or in connection with the site;
  • reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on the site or platform;
  • reproduce, duplicate, copy or store any of the material appearing on the site or platform other than for your own personal and non-commercial use;
  • falsely imply that any other website is associated with the site or the platform;
  • do anything that leads, or may lead, to a decrease in the value of Zapdat’s intellectual property rights in the site or platform`;
  • use or exploit any of the material appearing on the site or platform for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with Zapdat;
  • use the site or platform to transmit or store any information or material that is, or may reasonably be considered to be:
  • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
  • defamatory, pornographic, sexually explicit, unlawful or plagiarised;
  • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
  • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
  • in breach of any person’s privacy or publicity rights;
  • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
  • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
  • containing any political campaigning material, advertisements or solicitations; or
  • likely to bring Zapdat or any of its staff into disrepute.

Last updated: 18 March 2019