Zhoey - End User Terms of Use

Welcome to Zhoey. These Terms of Use govern your use and access to our site, services, applications and tools (Services). Your use of the Services is subject to your acceptance and compliance with these Terms of Use.

1. Agreement.

These Terms of Use are made between Zhoey Pty Ltd (we, us, our) and you. When you set up an Account and click “accept” you agree that you are bound by these Terms of Use (as amended or updated from time to time) and consent to your account information being shared with us.

2. Variation.

We may vary these Terms of Use from time to time on notice to you, which will be effective from the date of notification. By continuing to use Zhoey, you will be deemed to have accepted the updated Terms of Use and agree to be bound by it. Where you do not agree to a proposed change to these Terms of Use, you can disable your Account in accordance with clause 11(a).

3. Accounts and Households.

1. To access and use some of the Services, you will need to register with us and set up an account with your email address and password (Account).
2. Once registered, you will have the option to create a profile on your Account with your pet's and owner's information (Household).
3. The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen on your Account. You can change your nominated email address in Zhoey's settings.
4. If you believe your Account has been compromised or misused, contact us immediately at hello@zhoey.co.

4. Use of Zhoey. You agree that you will not:

1. violate any laws, codes or regulations in the use of our Services;
2. reverse engineer, duplicate, reproduce, create derivative works from, download or distribute any of the software, source code provided in the software or in relation to Zhoey;
3. copy, modify, or distribute any other person's content without their consent;
4. upload, use, access, store or distribute:
   1. viruses, worms, trojan horses or any other technologies that may harm Zhoey, the Services or the interests of other Zhoey users;
   2. web crawlers, scrapers or other automated means to access the Services and collect content for any purpose without our express written permission;
   3. material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or a contravention of the rights of any third-party; infringe any third party rights (including Intellectual Property Rights);
5. use Zhoey in a way that damages our reputation;
6. impose an unreasonable load on our infrastructure or interfere with the proper working of the Services; and/or
7. attempt to access or use the Services in an unauthorised manner, including any attempt to probe, scan, bypass or test the vulnerability of a system or network or to breach security or authentication measures.

5. Customer Data.

1. During the term of these Terms of Use, you grant us a non-exclusive worldwide licence to copy, analyse, adapt, edit, reproduce, modify, and/or otherwise use all data that you submit, post, display, upload, develop or otherwise create when using Zhoey (Customer Data) for the purpose of performing our obligations under these Terms of Use and making Zhoey available to you.
2. We will take reasonable steps to protect Customer Data in Zhoey, but we are not responsible for Customer Data outside of Zhoey. You are solely responsible for backing up Customer Data.
3. You warrant that you have the right to use Customer Data. We may remove Customer Data from Zhoey if the Customer Data violates these Terms of Use, and/or in the event of any threatened, alleged or issued claims in relation to Customer Data, and/or for any other reasonable cause, including if the Customer Data is offensive or otherwise unacceptable to us in our sole discretion.

6. Intellectual Property Rights.

Intellectual Property Rights means all copyright and analogous rights (including moral rights), all registered or registrable rights in relation to inventions (including patent rights), trademarks, designs, circuit layouts and all other rights throughout the world resulting from intellectual activity in the industrial, scientific or artistic fields.

1. We own or licence all Intellectual Property Rights and all copies, modifications, updates or new releases of Zhoey, including without limitation copyright any source code in Zhoey, but excluding Customer Data. You acknowledge these Intellectual Property Rights contain confidential and proprietary information belonging exclusively to us.
2. Zhoey as modified or altered remains our property in all respects, whether modified by you, us or a third party, and whether or not authorised pursuant to these Terms of Use.
3. Except to the extent that any of our Intellectual Property Rights is incorporated into Customer Data, you own all right, titles and interest in and to (including any Intellectual Property Rights) the Customer Data.

7. Data and privacy.

Your use of Zhoey will involve our collection of, and your disclosure and transmission of personal information (as that term is defined in applicable privacy laws and regulations) to us. The manner in which we collect, handle, store, use and/or disclose such personal information is governed by our Privacy Policy. You confirm and warrant that you have all the requisite permissions under applicable privacy laws to disclose any personal information which you will be submitting and/or displaying on Zhoey.

8. Fees and payments.

Using our Services is free. You will be able to make purchases for the products and/or services of third party pet businesses on our platform. When you make such purchases, you are solely responsible for reviewing the pricing before making the payment.

We do not store or handle your payment information.

9. Third party services on Zhoey.

You acknowledge and agree that by utilising any third party services through our Services (such as Stripe or similar third party payment processors), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party's services.

10. Refunds, cancellations and disputes.

You acknowledge and agree that Zhoey acts as the “gateway” to facilitate any transactions between you and third party pet business, and such purchases are at your own risk. Accordingly, your entitlement to a refund and cancellation will vary depending on the specific products or services you purchase. Please familiarise yourself with the policies provided by the pet service businesses you engage with through our platform. In the event of any payment disputes or issues related to the products or services you've purchased, please contact the respective pet service business directly. They will assist you in resolving any concerns or discrepancies.

11. Termination and suspension.

These Terms of Use are effective from the date you first use our Services and will continue unless these Terms of Use are terminated pursuant to this clause.

1. You can terminate these Terms of Use at any time by using the functionality within your Account to disable Zhoey, and/or by contacting us at hello@zhoey.co.
2. We may suspend and/or permanently terminate your access to Zhoey and consequently these Terms of Use at any time if:
1. you commit a default or breach of your obligations under these Terms of Use and such default or breach is not remedied within 7 days after we notify you in writing to remedy that default or breach;
2. you commit a default or breach of your obligations under these Terms of Use and such a default or breach is not capable of being remedied; and/or
3. you are acting in breach of any applicable laws.

12. Consequence of Termination.

Upon termination of these Terms of Use, we will remove your access to Zhoey and access to Customer Data will only be available in accordance with our Privacy Policy.

13. Disclaimer of warranties.

1. Except as expressly provided for in these Terms of Use, Zhoey is provided by us to you on an 'as is' and 'as available' basis without any warranties of any kind. We expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
2. You acknowledge that we do not warrant that Zhoey will be uninterrupted, timely, secure or error free.
3. You acknowledge that Zhoey has not been prepared to meet your individual requirements and that it is your responsibility to ensure that the facilities and functions of Zhoey meet your requirements.
4. Nothing in these Terms of Use excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.

14. Limitation of liability.

Notwithstanding any other provision of these Terms of Use and to the fullest extent permitted by law:

1. in no event will we have any liability to you whether in contract, tort (including negligence), statute, indemnity, warranty or otherwise arising out of breach of these Terms of Use or your use of Zhoey;
2. where our liability cannot be excluded under clause 14(a), our aggregate liability in connection with this agreement (whether in contract, tort (including negligence), statute, indemnity, warranty or otherwise) will not exceed AUD$100;
3. our sole liability for loss or corruption of data is limited to restoring such data to that last useable backup, where applicable; and
4. we are not liable, whether such liability is based on breach of contract, tort (including negligence), statute, indemnity, warranty or otherwise for any consequential, indirect, incidental, punitive or special losses of any kind, including loss of profit or revenue or business interruptions.

15. Indemnity.

You indemnify and hold us harmless for and against any loss (including third party claims) that we may incur in connection with:

1. your breach of these Terms of Use or your use of Zhoey, including breaches of law, code and regulation; and
2. any claims relating to an infringement of any third party rights (including Intellectual Property Rights).

16. General.

1. These Terms of Use and our Privacy Policy set out the entire agreement between Zhoey and you, overriding any prior agreements.
2. This agreement is governed by and construed in accordance with the law from time to time in Australian Capital Territory, Australia and the parties agree to submit to the non-exclusive jurisdiction of the courts of Australian Capital Territory, Australia.
3. You may not assign any right, title or interest under these Terms of Use to a third party without our prior written consent.
4. We may assign or sub-contract any right, title or interest under these Terms of Use to a third party.
5. Clauses are that are intended by their nature to survive termination of these Terms of Use, survive termination of these Terms of Use.
6. If any provision of these Terms of Use is invalid and not enforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision will continue to be valid and forceful in accordance with their terms.

17. Contacting us.

We will send notices to you via the email address you provide, on the Zhoey platform, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. Notices sent by email will be deemed received when they enter the recipients inbox.