ZEROCO.COM.AU PTY LIMITED
GENERAL TERMS AND CONDITIONS OF USE
The following general terms and conditions (“Terms”) relate to the website ‘zeroco.com.au’ and any subdomains associated with it (“Website”). These Terms form a legally binding agreement between you as the person accessing the Website (“You”, “Your”) and Zeroco.com.au Pty Limited ACN 633 757 954 of 5/71 Centennial Circuit, Byron Bay NSW 2481 and its related bodies corporate and associates (as defined in the Corporations Act 2001 (Cth)) as the owner of the Website (“We”, “Us”, “Our”). In accessing or using the Website, You acknowledge that You have read, understood and agree to be bound by these Terms. If You do not accept these Terms, You must leave the Website, and refrain from accessing or using the Website in future.
If You have any questions about these Terms or would like any further information, please contact Us at email@example.com.
By using the Website You represent and warrant that You are at least 18 years old and that, in any case, You have the permission of a parent or guardian if You are less than 18 years old. Parents and guardians of users under the age of 18 must read and agree to be bound by these Terms, and agree to be responsible for the purchase of any products advertised for sale on the Website (“Products”).
If You are accepting these Terms on behalf of a company, organisation, association or agency as its authorised legal representative, then You represent and warrant that You have the power and authority to bind such company, organisation, association or agency to these Terms.
2. Product Information
While We use reasonable measures to ensure the accuracy and currency of any Product descriptions, pricing, photographs and other information concerning the Products published on the Website (“Product Information”), We cannot guarantee that any Product Information is free from error, or that any Product is suitable for You.
3. Orders, Payment, Delivery and Returns
When You place an order to purchase a Product from the Website (“Order”), You will be required to provide information including Your full name and billing and shipping addresses. You are responsible for ensuring that any information You provide to Us is complete and correct. If any part of that information is incomplete or incorrect then it may result in delays in fulfilling Your Order.
Your Order represents an offer to Us to purchase the relevant Products for the price of those Products (together with all delivery fees and taxes), which will be accepted by Us when We dispatch the Products to You.
We may cancel the whole or any part of an Order (including any Orders that We have accepted) at any time if We form the view that it is necessary, including without limitation, if: (a) any Product in the Order is not available; (b) there is an error or omission in the price or description of any Product in the Order or on the Website; (c) We reasonably believe You are in breach of any term or condition of these Terms; or (d) payment in respect of the Order is unable to be processed. If We cancel all or any part of Your Order, We will endeavour to notify You within a reasonable time and will refund any payment received.
We will confirm that the Products have been dispatched to You by sending You an email confirmation. This email confirmation is evidence that We dispatched the Products to You, and that a contract between You and Us has been formed in relation to the sale and purchase of those Products specified in the email confirmation.
Selected Products are available for subscription (“Subscription Products”). Subscription Products are identified on the relevant Product page on the Website. In order to subscribe for any Subscription Products, You are required to register an Account with Us. You may only subscribe for Subscription Products for household purposes, or with Our prior written consent.
Subscribing for Subscription Products will entitle You to the discount set out on the relevant Product page on the Website.
Once You have subscribed for Subscription Products, those Products will be ordered and delivered to You at the delivery frequency chosen by You at the time of subscription, without any further action being required by You. Some Subscription Product details and prices may change from time to time. Each Subscription Product Order will be subject to the then-current iteration of these Terms. If some or all of the Subscription Products are not available at the time of delivery, We may delay the delivery of the relevant Subscription Products until the relevant Product becomes available, or delay the delivery of the whole order until all relevant Products become available, but We will let You know.
Before each Subscription Product Order is dispatched to You, You will receive an Recurring Order Charge Confirmation email including Order details and instructions for cancelling or modifying your Order if You wish to do so. We will also notify You by email once each Subscription Product Order has been dispatched to You.
Your subscription will continue until it is cancelled. You can cancel your subscription at any time by logging into Your Subscription Account. The price of each Subscription Product Order (including all delivery fees and taxes) will be charged to the payment method used to create Your subscription. If We are unable to charge the payment method We have on record for You, We will retry the same payment method twice and email you to advise the payment has failed or processed. You can provide new payment details within the Subscription Account Portal. If You do not update your payment method within 6 days, Your subscription will become Inactive. You can contact us at firstname.lastname@example.org to reinstate your Subscription at any time or You can Reactivate it Yourself within the Subscription Account Portal.
We will charge You, and You must pay, the price of each Product ordered on the Website applicable as at the date You place Your Order, together with all delivery fees and taxes. Prices for Products and estimated delivery charges are shown on the Website at the time You place Your Order and are inclusive of all taxes, duties, levies or tariffs that may be imposed. Product prices will be provided in Australian dollars. We reserve the right to change Our prices and delivery charges from time to time without notice.
All payments must be made using ShopPay, PayPal, credit card (Mastercard or Visa), Google Pay, Apple Pay or Afterpay. You must pay the full purchase price for each Order at the time You place the Order.
All Products are dispatched from within Australia.
You agree that We may, in the process of validating or verifying Your identity or payment, contact You and request such information as We reasonably require.
Orders will usually be dispatched by Our warehouse partner within 1-3 business days of Us receiving your Order and payment or, during sale periods, within 3-5 business days of Us receiving your Order and payment. While We use reasonable endeavours to effect delivery by the estimated delivery times shown on the Website, We make no warranty as to the time of delivery or the availability of any Products and are not responsible for any delays in delivery.
The risk of loss or damage to the Products passes to You when the Products are dispatched by Our warehouse partner. Ownership of the Products will only pass to You when We receive full payment of all sums due in respect of the Products, including delivery charges and taxes.
Subject to the applicable laws, if You are not satisfied with any Product for any reason, You may contact Us by completing the online form here or email Us at email@example.com within 30 days of receiving the Product.
If You have received a Product which You believe is faulty or defective, please contact Our customer service team at firstname.lastname@example.org with clear pictures and a detailed description as well as Your Order details (Order number and email address associated with the Order). We will refund the cost of return and arrange a replacement Product, or refund of the cost of the relevant Product, if a Product is found to be defective.
If You return any Product to Us, We strongly encourage You to do so using registered post and insuring it, to ensure that We receive it. We are not responsible for any lost or damaged Products that are not received by Us.
The use of the Website and/or the purchase of Products may require You to register with Us or open an account. To do so, You must complete the registration process in the manner described on Our Website. By registering with Us, You agree that all information You provide is accurate and up to date and does not infringe any person’s rights. You must also update Your details if any of them change.
Registration is non-transferable. You are responsible for all of the activities that occur under Your account. You should carefully choose Your password and user name and protect them from unauthorised use. Please let Us know immediately of any unauthorised use of Your account or any other breach of security. We are not liable for any loss if someone else uses Your password or account.
Access to the Website is permitted on a temporary basis, and We reserve the right to suspend, withdraw, discontinue or amend all or any part of the Website without notice. We will not be liable if, for any reason, the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to the Website. You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms, and that they comply with them.
Subject to these Terms, We grant You a limited, personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use (i.e. to download and display locally) any information, data, text, graphics, photographs, videos, trade marks, logos, sounds, music, audio clips, artwork, computer code, material, and interactive features generated, provided, used, displayed, or otherwise accessible on or through the Website (“Content”) solely to enable You to purchase Products and enjoy the benefits of the Website as intended by Us under these Terms. Except to the extent expressly permitted by these Terms or with Our prior written consent, you must not use the Website for the benefit of any third party.
5. Information You provide to Us
We do not claim ownership of the information, content or data that You provide to Us in using the Website. You (or Your licensors, as applicable) will continue to own any and all intellectual property rights in such information. However, You agree to grant Us a perpetual, non-exclusive, assignable, worldwide and royalty free licence (with a right to sub-licence) to use, store, reproduce, adapt, communicate, publish, display and/or distribute such information for the purposes set out below. This right continues even if You no longer use the Website.
If You would like to know more about how We use, store or handle Your personal information, please contact Us at email@example.com.
6. Content on the Website
You acknowledge that any information displayed on the Website is intended to be general information only and should not be considered professional advice or a recommendation to acquire any product or service.
We do not endorse or guarantee the accuracy of any content posted or displayed by users. The displaying of any user content on the Website in no way implies Our endorsement or recommendation of any such information, product or service referred to or promoted in that content. You acknowledge and agree that You will exercise all due care and caution in, and that You are solely responsible for, entering into any transaction, arrangement or agreement for the sale, purchase or consumption of information, products and/or services via the Website.
You agree that You are solely responsible for any content or information that You provide or post to the Website.
7. Advertisement information and cookies
We may allow certain users to post information (including advertisements or promotions) on the Website. We are not responsible for any incorrect, inaccurate, incomplete or unreliable information provided by any user. Users are solely responsible for relying on any such information. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any such information without express consent from Us.
8. Changes to the Website and its availability
We may change or improve the Website at any time. For example, We may develop and distribute updates, enhancements or new features. We may also restrict access to all or any part of the Website, stop making the Website available or modify its availability in any way. We are under no obligation to update any material that may be out of date at any given point in time.
We will always try to give You notice of any changes to the Website or its availability before such changes take effect, although this may not always be possible. To the maximum extent permitted by law, We do not accept liability for any damage or loss which You may suffer or incur as a result of such actions.
9. Intellectual Property
We, and Our licensors (as applicable), own all intellectual property rights in and to the Website (including any updates, enhancements and new features), and any material published on the Website (“Our Intellectual Property”). Our Intellectual Property includes, but is not limited to, design, layout, look, appearance, graphics, trade marks, branding and logos on the Website. You must not copy, modify, distribute, sell or lease any part of Our Intellectual Property other than in accordance with this section.
The Website and the Content published on it, are protected by the copyright laws of Australia and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Website for Your personal use and You may draw the attention of others within Your organisation to Content posted on the Website. You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content on the Website must always be acknowledged. You must not use any part of the Content on the Website for commercial purposes without obtaining a licence to do so from Our licensors or Us.
If You print off, copy or download any part of the Website in breach of these Terms, Your right to use the Website will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.
10. Prohibited uses
You must ensure that Your access to and use of the Website is not illegal or prohibited by any laws which apply to You. You are responsible for anything You do, send or post on the Website. You must not send or post anything that is offensive, infringes any person’s rights, is against any applicable law, or which We think is inappropriate.
By using the Website, You represent and warrant that You will not:
- incorporate the Website into a product or service you provide to a third party;
- sell, license, rent, or otherwise use or exploit any Content for commercial use;
- use the Website for competitive analysis or to build competitive products;
- remove or obscure any proprietary or other notices contained in the Website;
- infringe the rights of any other person, including without limitation any intellectual property rights;
- defame another person;
- provide false information, misleading or inaccurate information to Us or any other user;
- impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
- post content that is not accurate, complete or correct or may otherwise mislead or deceive other persons;
- disclose another person's confidential information or otherwise contravene Your privacy obligations or any other person's privacy obligations;
- reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Website, except to the extent expressly permitted by applicable law (and then only upon advance notice to Us);
- use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any purpose, including without limitation use on third-party websites;
- attempt to probe, scan, or test the vulnerability of the Website or any associated system or network, or breach security or authentication measures without proper authorisation;
- post any content that is illegal or may constitute or encourage any contravention of any applicable laws by any person;
- threaten, offend or abuse another user;
- do anything which is otherwise, in Our view, inappropriate or harmful to the Website; or
- encourage or assist any third party to do any of the above.
We may remove from, or refuse to display on, the Website anything that We think is inappropriate or in breach of these Terms in Our absolute discretion.
11. Security and integrity
While We endeavour to adhere to best practice policies and procedures to prevent data loss, We do not guarantee that there will be no loss of data and We expressly exclude liability for any loss of data no matter how caused.
You must not violate the security of the Website in any way. We may suspend or cancel Your account or Your access to the Website if We suspect any security violation.We may also inform any law enforcement body of any suspected unauthorised or criminal activity. Examples of security violations include:
- attempting to gain unauthorised access to any part of the Website, servers or system infrastructure You were not intended to have access to;
- interfering with or otherwise circumventing mechanisms in the Website intended to limit your use;
- use the Website in a way that was not intended by Us;
- attempting to reverse engineer the Website or any system or offering provided through it;
- interfering with or disrupting (or attempting to interfere or disrupt) any servers or networks connected to the Website;
- sending or storing any harmful code (including, for example, any computer virus, trojan, worm or other code that is harmful or disabling or which assists in or enables unauthorised access to or corruption of data); or
- using any feature of the Website or any other means to send unsolicited commercial correspondence to other users.
12. Limitation of liability
By accessing and using the Website, You assume all risks associated with such access and use. You agree not to hold Us responsible for things other users post or do.
There are many factors beyond Our control that may affect the performance or compatibility of the Website with certain software or hardware. We cannot promise that Your use of the Website will be uninterrupted or error or defect free or that errors or defects in the Website will be corrected. While We use reasonable measures to ensure the accuracy and currency of data and information on the Website, We are not responsible for the data and information supplied to or by users or third parties. We make no guarantee that the data on the Website is accurate or current. It shall be Your own responsibility to ensure that any Products or information available through the Website meet Your specific requirements.
To the maximum extent permitted by law, We (and Our directors, employees and agents) do not accept any liability for, and You agree to release Us (and Our directors, employees and agents) from any and all claims in relation to any loss, howsoever caused, suffered or incurred by You arising from:
- Your use of the Website; and/or
- any interaction You may have with any other user,
(including without limitation any consequential losses or damages) and any liability We owe is limited, to the maximum extent permitted under law, to the amount You paid to use the Website, or (if we choose) Us providing the relevant service again. To the extent allowed at law, in no event will We be liable for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of program or data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the Website, or any Content, service, site or link displayed on or accessed through the Website.
13. Indemnity and release
You agree to indemnify, defend and hold Us (and Our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from:
- activity which You engage in with or through the Website;
- any breach of these Terms by You;
- any breach of any rights of a third party by You;
- any breach of any applicable law by You; or
- any transaction, dispute or other dealing between You and another person that arises from or through the Website.
We may suspend Your access to the Website (or any part of the Website), or terminate Your access to the Website if We reasonably consider that You are in breach of any provision of these Terms.
These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation shall be governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of New South Wales in respect of any claim arising from, or related to, these Terms, although We reserve the right to bring proceedings against You for breach of these Terms in Your country of residence or any other relevant jurisdiction.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances of or the validity or enforcement of these Terms.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
5/71 Centennial Circuit, Byron Bay NSW 2481
Last updated: February 2022