Terms of Use

General

The web sites located at internet domains “zeaware.com”, “zeaware.net” and “flexiclient.com”, all associated sub-domains and associated products and services we call "Zeaware Services" and are owned and operated by Zeaware Pty Ltd (ACN 628 674 439) ("Zeaware").

All content of the Zeaware Services including but not limited to the text and images herein and their arrangements, unless otherwise noted, are the copyrighted material of Zeaware All rights reserved. All Trademarks referred to are the property of their respective owners.  Zeaware™ is a registered trademark.

Your access and use of the Zeaware Services is subject to the following Terms and Conditions (“Terms”) and all applicable laws. By using the Zeaware Services, users (“you”, “user” or “users”) will be taken to have read and agreed to these Terms.

Zeaware reserves any rights not expressly granted in these Terms.

Use of the Zeaware Services

a) The date the Terms became effective is included at the top of these Terms.

b) Zeaware is the owner and operator of the Zeaware Services.

c) You, as a user of the Zeaware Services, agree to be bound by these Terms. Your use of the Zeaware Services indicates your acceptance and agreement with these Terms and Conditions.

d) Zeaware reserves the right to discontinue, update or to make complete or partial modifications these Terms at any time, at our own discretion and without notice or prior announcement, by posting to this site. If you continue you use the Zeaware Services after the Terms have been updated you are deemed to have accept those updated Terms.

e) If you do not agree with these Terms you can delete your Zeaware Services account.

f) Users must not use the Zeaware Services for any purpose or in any way which is unlawful.

g) The Zeaware Services are governed by the laws of the state of Victoria, Australia, and subject to this agreement, any claims rising directly or indirectly out of use of the Zeaware Services are subject to these same laws.

Functionality of the Zeaware Services

Zeaware may alter, suspend or discontinue the Zeaware Services and/or its functionality and/or the content made available through the Zeaware Services at any time, with or without notice to users, and, to the full extent permitted by law and subject to the remainder of these Terms.

Zeaware will not be liable to any User or to any third party in exercising such rights.

Your Privacy

Your privacy is very important to us. By using the Zeaware Services and supplying Zeaware with your personal information, you are taken to have read, understood and agreed to our Privacy Policy. Please read the Zeaware Privacy Policy.

Intellectual Property

a) All intellectual property in relation to the Zeaware Services belongs to Zeaware. You obtain no interest in that intellectual property. All content relating to the Zeaware Services is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

b) All contents including (but not limited to) text, graphics, photos, logos, buttons, illustrations, images and audio clips are subject to copyright protection under the copyright laws of Australia, similar or equivalent laws in other jurisdictions and international copyright treaties. Displayed logos displayed may be further protected under trademarks law.

c) Trademarks may be displayed by the Zeaware Services from time to time. These may belong to third parties. Nothing displayed on the Zeaware Services should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Zeaware Services, without the express written permission of the relevant owner.

d) Unauthorised use of the materials may infringe the copyright of Zeaware and you must not use or reproduce any of the Zeaware services unless written authorisation has been obtained from Zeaware.

Liability and Indemnity

Zeaware does not exclude any mandatory rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. Zeaware otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Zeaware Services whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:

a) Zeaware does not warrant the accuracy of the content which you access through the Zeaware Services. The Zeaware Services are provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through the Zeaware Services may be changed at Zeaware's sole discretion and without notice.

b) Zeaware will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access of the Zeaware Services.

c) Zeaware does not warrant that functions of the Zeaware Services will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Zeaware Services which ought to be accessible through the Zeaware Services, or that the server that makes it available, are free of viruses or bugs.

d) Zeaware shall not be liable for any special, incidental, or consequential damages, including without limitation, any lost revenues, lost profits, or third party claims resulting from the use or misuse herein, even if Zeaware has been advised of the possibility of such damages or for any claim by another party.

e) You indemnify and hold harmless Zeaware, our subsidiaries, related companies, officers, directors, employees and agents from and against all loss, damage, cost, expense and claim which may be suffered or incurred by you as a result of or in connection with your use of the Zeaware Services.

f) Total liability of Zeaware for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Zeaware’s option, to:

• The supply of the goods or services again;
• The repair of the goods; or
• The payment of the cost of having the goods or services supplied again or repaired.
• Refund of the amount actually paid by you, for the services, during the 1 month period immediately preceding the date the cause of action arose.

Links

a) Links in the Zeaware Services may lead to servers maintained by individuals or organizations other than Zeaware. Zeaware has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content.

b) This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing relating to the Zeaware Services should be construed as granting any licence or right for you to use that content.

Termination

a) Zeaware reserves the right to terminate your account at any time. Additionally, if you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can suspend or stop providing all or part of the Zeaware Services to you.

b) You may also delete your Zeaware Services account at any time.