Terms Of Use

WEBSITE TERMS OF USE

  1. Your Agreement with Zelus Sydney
    1. This Website is owned and operated by Elizabeth Soulos trading as Zelus Sydney (ABN 31 639 200 503), its successors and assignees. These Terms of Use (the ‘Terms’) constitutes a legally binding agreement (hereafter ‘Agreement’) that governs your access, use or interaction with this Website (‘Site’) including any of its blogs, subdomains or channels (collectively, the ‘Site’) and the Services or Products provided by Zelus Sydney (‘Services’).By using or accessing the Site and its Services, you are deemed to have agreed to be bound and fully comply with them. If you do not agree with these Terms of Use, please do not use the Site or Services.
    2. Informational purposes only:Please note that this site is provided for informational purposes only. While we make best efforts to ensure the correctness of information provided herein, we cannot warrant that its accurate, reliable and free of error or meet your expectations and requirements. Use the site at your own risk. We shall not be responsible for any liability, loss or damage arising from or related to your reliance of information, material or content provide herein.
    3. Changes to these Terms: We reserve the right to amend or modify any of these Terms at any time without prior notice.  Notice of any changes may be posted on the site or where applicable communicated to you via e-mail and such changes shall take immediate effect when so posted on the Terms of Use’s page of this website. Please be assured that no amendment to these Terms shall affect any claim or dispute between you and us if that claim or dispute arose before the date of amendment
    4. Eligibility: You hereby warrant that you are over the age of 18 years as our Site and Services are not available for persons under the age of 18 years. You should also not use the Site or Services if you are an individual disqualified from receiving our services under the laws of your country.
  2. Definitions and Interpretations
    1. In these Terms, unless the context so requires, the following terms shall have the following connotations:
      “Customer” refers to an individual or corporate entity who has ordered or purchased Zelus Sydney’ Products or Services
      “Product(s)” refers to physical products offered for sale by Zelus Sydney.
      “Website” or “Site” refers to an internet domain address available at zelussydney.com.au including its blogs or subdomains.
      ‘User’ or “You” refers to any person who visits, uses or accesses our Site and/or Services including a Customer.
      ‘Zelus Sydney’ refer to a sole proprietorship (ABN 31 639 200 503 ) registered in New South Wales, Commonwealth of Australia

  3. YourAccount and Access to Zelus Sydney Services
    1. Open access: Zelus Sydney provides this website on a free basis. In some instances you may be required to register to access certain features of the site. You agree to provide complete, current and correct information any time you register to use our Site or Services. We may refuse registration applications if we have good reasons to believe that registration is being procured for fraudulent purposes. Please read our Privacy Policy to understand our approach to collection and use of personal information.
    2. Usage restrictions: When you register with Zelus Sydney, we will provide you with account name password and/or other access controls for our website or specific areas of our website and we will allow you to use our site in a fair and acceptable way. Account information is confidential and for personal use only. You must not disclose it to any person. If you are have reasons to believe that your account has been compromised, you must notify us directly.You agree to comply with all applicable laws and regulations in connection with your use of our Site. You promise that you will not access or attempt to access Zelus Sydney‘s services or administrative interfaces by access methods other than those provided to your by Zelus Sydney. You promise that you will not engage in any conduct that interferes with or disrupts our Services. We reserve the right to suspend or terminate your account and access to our services for violation of these Terms.
    3. In addition you agree that you will not
      1. post, submit, link or otherwise make available, anything that is:
        (i) abusing, offensive, harassing, degrading or threatening
        (ii) Defamatory
        (iii) Fraudulent
        (iv) pornographic, obscene or otherwise offensive.
        (v) Protected by copyrights, patent, trade or service mark laws or any other proprietary or intellectual property right without express consent of the owner.
        (vi) Discriminatory against individuals or groups based on any prohibited status or characteristic.
        (vii) Violent or graphic.
      2. Share, upload or transmit any virus, malware, Trojan horse, spyware or other computer file, program or code that harms or attacks or is made to damage, monitor or exploit the operation of any hardware or software.
  • Engage in any unauthorized advertising or sending unsolicited electronic messages or similar forms of solicitations.
  1. Abuse or misuse the Site for unlawful purposes.
  2. Share or transmit any material that would attract criminal or civil liability or that constitutes or aidsthe commission of a criminal act.
  3. Mine, scrape or use any robot, spider, web crawler other malicious computer hardware or software to unlawfully download, reproduce or otherwise circumvent any security or programmatic feature of the Site.
  1. PROPRIETARY RIGHTS
    1. You agree and acknowledge that the material and information contained on our website including without limitation content, text, typography, code, images, graphics, videos, creative, artistic or literary works, design work, trade name, trade secrets, (Content), are exclusive property of Zelus Sydney and its licensors protected by Australian copyright and other intellectual property laws.
    2. You agree that nothing contained herein shall be construed as granting you any right, title or interest in or to any of Zelus Sydney’s intellectual property or confidential information. You shall not claim any right in or to any content or material that we make available to you, including any intellectual property rights subsisting therein whether those rights are registered or not.
    3. You must not reproduce, distribute, upload, publish, create derivative works or otherwise duplicate any part of the Site without express permission from Zelus Sydney.
    4. You must not from decompile, reverse-engineer, disassemble or otherwise reduce the code used in this Website or any software in this website into a readable form in order to inspect the structure of such software.We reserve any other rights in, and uses of, the website content on behalf of us and our suppliers or service providers and therefor you must obtain our prior written permission for these.
  2. LICENSE TO USE THE SITE:
    1. Except as otherwise provided, we grant you a limited, non-exclusive, non-commercial, non-transferable right to access, use, view and print information from the Website for your own personal non-commercial use only. You must not sell, distribute, transmit, exploit, re-publish create derivative works of or display any Content or material from the Website for any other purpose without our prior permission.
  3. PRIVACY POLICY:
    1. Your access and use of our Site and its Services is subject to our Privacy Policyincorporated herein by reference. You agree to the handling of personal data in accordance with Zelus Sydney’s data collection and use policies.
  4. INDEMNITY:
    1. You agree to protect, indemnify and release Zelus Sydney, its officers, directors, employees, agents, subsidiaries, licensors, partners and/or affiliates from and against all claims, actions or demands including without limitation loss, damages, costs, expenses, liabilities and reasonable legal fees by any third party, alleging or resulting from or in connection with your use or access of the Platform, Service and Content therein or your breach of the terms of this Agreement, except to the extent such loss or damage is caused by Zelus Sydney’ sole negligence.
  5. USER GENERATED CONTENT:
    1. By submitting your content or material you grant to us royalty-free, perpetual, irrevocable, non-exclusive, right and license to your user material necessary to enable the distribution of your user material in this way, including to reproduce, publish, display, translate, amend or adapt it where this is reasonably necessary for those purposes, without any further approval or consent from or payment to you or any other person, and you also promise and confirmthat you own the material or have the permission to use ,that the material does not violate anyone’s legal rights and that your content is lawful and suitable for this website.
    2. Please be aware that we reserve the right but not the obligation to review user generated material or content before it appears on the site. We may without prior notice remove any content or material that we believe is not suitable for the site or violates our Terms of Service. You agree that you will be solely responsible for the content or material that you submit, publish or upload on the site.
  6. RESERVATION OR RIGHTS AND REMEDIES:
    1. The parties hereto agree that nothing contain in these Terms of Use or otherwise shall be deemed to restrict or relinquish our right to amend, update, modify or remove any content, section or feature of this Site including limiting, forbidding or restricting access or use by any user for any reason including for violation of these Terms of Use.
  7. LINKS TO EXTERNAL WEBSITES:
    1. At times, Zelus Sydney include links to other websites and/or resources or other links may link to zelus sydney, Please be aware that we do not control, approve or endorse such third party websites and we are not responsible for content, products or services provided thereon or their privacy policies. Zelus Sydney accepts no liability, direct or indirect, for any damage or loss which may be caused by or in connection with the use of or the reliance on any content, information, products or Services made available on or through any such external sites.
  8. LIMITATION OF LIABILITY
    1. You hereby agree that Zelus Sydneyand its subsidiaries, suppliers, affiliates, officers, employees, agents, partners and licensors shall not be liable for any punitive, indirect, incidental, special, consequential or exemplary damages including but not limited to damages which may be related to the loss of any profits, goodwill, use, data and/or other intangible losses even if Zelus Sydney may have been advised of the possibility that such damages may occur or result from the use or inability to use our products or services, the cost of procuring replacement goods and services, unauthorized access to or the alteration of your product and/or data and/or statements or conduct of any such third party on our service.
    2. Zelus Sydney and its directors, agents, partners shall not be held liable under contract, tort, negligence or any other legal theory for (i) damages, loss of profits or income; or (ii) malware, viruses, Trojan horses or the like (irrespective of the source of origin) arising from or in relation to or connection with your use of the Site, Product or Services. While Zelus Sydney exercises all reasonable endeavours to make the Site safe, secure and free of viruses and other malware, we advise you to take care regarding digital products, devices or personal information.
  9. INDEMNITY
    1. You agree to indemnify and hold us harmless against any loss, liability, claim, dispute, damage, suits, demands, actions,cost and expense whatsoever, including legal costs and expenses on a full indemnity basis, related to or connected with your use of the Site, negligent or willful misconduct and/or breach of these Terms of Use. You agree to work together with us, at your own expense, in resolving losses, claims, liabilities, controversies or disputes arising from or connected with your use of our products or services, willful or negligent conduct and/or breach of these Terms or any including without limitation disputes, complaints, inquiries or lawsuit that arises out of or relates to incorrect information you have supplied to us. The indemnification obligations under this clause will survive termination of these Sales Terms.
  10. WARRANTY DISCLAIMER
    1. Pease note that the information, products, services, offerings, content and materials on this website are provided “as is” and without warranties, conditions, representations and endorsements of any kind, either express or implied, including without limitation warranties concerning availability, accuracy, completeness, usefulness, timeliness or content of information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose of the information contained hereon. Zelus Sydney does not warrant that the Site, products or the services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. Zelus Sydney makes no warranty that the site will meet users’ expectations or requirements.
    2. While Zelus Sydney will take all reasonable actions to promote accuracy about services and information provided at or through our Website, you acknowledge that there may be unintentional, technical errors or factual inaccuracies and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by the law.
    3. We reserve the right to modify, update or remove any feature or section of the Site at any time without prior notice or consultation, including without limitation after you have opened an account, ordered a product or completed a transaction. We do not warrant that the information provided herein is appropriate to your legal jurisdiction or that the products linked herefrom will be available for purchase at all times and in all jurisdictions.
    4. Nothing contained in these terms shall exclude or limit Zelus Sydney’ warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
  11. UNFORESEEABLE EVENTS:
    1. Zelus Sydney shall not be responsible for failure of its obligations under this Terms of Use to the extent that such failure is due to causes beyond our reasonable control including, but not limited to, acts of God, war, acts of any government or agency thereof, fire, explosions, epidemics, and quarantine restrictions.
  12. ENTIRE AGREEMENT:
    1. These Terms constitutes the entire agreement between you and Zelus Sydney with respect to the subject matter hereof, and supersedes all other prior and contemporary agreements, understandings, and commitments between the parties regarding the subject matter of this Agreement.
  13. REASONABLENESS:
    1. You agree the exclusion and limitation of liability in these Terms is reasonable. If you do not agree with these Terms or any provision thereof, your sole remedy is not to use the Site.
  14. WAIVER:
    1. If we fail or omit to exercise any rights or seek remedy for your breach of provisions of this Agreement, such failure or omission shall not be construed as waiver of such rights or remedy nor shall a waiver of either party of default in one or more occasions be construed as a continuing waiver or as waiver of any other breach.
  15. SEVERABILITY (ENFORCEABILITY):
    1. If any provision of these Terms (including, without limitation, any portion or provision of any section of this Terms) is declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of these Terms, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

 

  1. TERMINATION: These Terms shall be in force until terminated by us and we may terminate it any time without prior notice to you. In the event of termination, all provisions and obligations that are noted herein as surviving termination, shall survive termination provided, however, that the termination of these Terms shall not prevent any party hereto from seeking any remedies at law against any other party hereto.
  2. DISPUTE RESOLUTION:The parties hereto agree to strive to settle any dispute arising from the interpretation or performance in connection with these Terms through amicable negotiations and mediation before referring the dispute to binding arbitration or court of law.
  3. GOVERNING LAW: These Terms shall be governed by and construed in accordance with the laws of the New South Wales and Commonwealth of Australia without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by these Terms shall be brought only in the state courts of New South Wales, Australia. The parties hereby irrevocably waive any objection to jurisdiction and venue of any claim or action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon inconvenient forum. Our site can be accessed all over Australia and globally. We do not warrant that our website complies with foreign legal regimes. If you use or access our site outside Australia, you do so entirely at your own risk.

 

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