TERMS OF SERVICE
Last update: 18/04/2020
Zilla Technologies Ltd.
NZBN 942 904 691 0004
You acknowledge and agree that Zilla Technologies Ltd. may at times send you communications regarding your account or the Service via email. We may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can contact us at any time to let us know that you no longer want to receive these emails from us.
ACCOUNTS & ACCESS
You must be a registered user to access the Service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your email secure. You will be solely responsible and liable for any activity that occurs under your account.
You must use all reasonable endeavours to prevent any unauthorized access to, or use of, the Service and you must notify Zilla Technologies Ltd. immediately in the event of any unauthorized access or use.
We may access your account with your permission for diagnostic purposes only such as resolving a specific issue affecting your account. Requesting your permission will be carried through either by email, or the online chat system.
ACCEPTABLE USE & CONDUCT
You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licenses, authorizations and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Zilla Technologies Ltd., its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.
The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.
The particular Service you purchase may limit the number of users who may use the Service. You must not allow any additional users to use the Service. Zilla Technologies Ltd. has the right to audit your use of the Service, at its own cost and upon giving you reasonable notice, to determine whether your use is in accordance with these Terms of Service and any other terms that apply to the Service. If an audit reveals that you have exceeded the scope of use permitted, Zilla Technologies Ltd. may require you to immediately pay an additional service fee for such use.
Any unauthorized use of the Service is a violation of these Terms of Service and may breach Commonwealth, State or Territory laws. Such violations may subject you or your staff to civil and criminal penalties.
Zilla Technologies Ltd. will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance and, at times, unexpected outages. Zilla Technologies Ltd. may perform unscheduled maintenance at any time, but will only do so if deemed necessary.
A credit card is not required to start a free trial, and you will only need to supply this if you wish to continue with a paid subscription account. Alternatively, online bank transfers (within Australia & New Zealand) may be used to purchase a subscription instead.
Credit card security is implemented using https (256-bit encryption) on all transactions. Credit card details are not stored within the Foodzilla application. Your credit card details are stored at a trusted and secure payment gateway used by Foodzilla for payment processing.
When upgrading or downgrading your plan, you will be pro-rata credited for the remainder of your current plan. You will then be charged at the rate of the new plan until your billing date. You will have the changed plan limits applied immediately. If this adjustment causes your account to be credited, this will be applied to your subscription and used for future payments. We do not provide refunds for these amounts.
All fees stated are exclusive of taxes, levies or duties imposed by the tax authorities. If your company is liable to pay GST, you will be responsible for paying GST on top of the subscription fees.
Downgrading or canceling your account may cause the loss of access, content or features of the Service. Zilla Technologies Ltd. does not accept any liability for such loss.
All monthly subscription fees must be paid monthly in advance. However, exceptions can be made to those in the Professional plan for a custom pay date.
All fees related to the Service, including but not limited to the monthly subscription plan fees, are subject to change upon 30 days' notice from us. Such notice may be provided at any time by updates to the Foodzilla website (foodzilla.io), notices within the Service itself, or by email correspondence.
If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount.
You are solely responsible for the cancellation of your account. You can cancel your account at any time by sending us a request through our online chat system, support email or phone. We may require additional information to complete the cancellation.
All of your content and data will be deleted 30 days after cancellation or termination of your account. This information will not be able to be recovered. We recommend you use the export functionality of the Service prior to cancellation to retain any information you may require.
Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 60 days before the account may be terminated by us. We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription.
If you cancel your account before the end of your currently paid month, the Service will contiune until the end of the month and you will not be charged again. You will not be entitled to a refund.
Zilla Technologies Ltd. in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, at any such time. Such termination can result in the deactivation or deletion of your account. Zilla Technologies Ltd. reserves the right to refuse service to anyone for any reason at any time.
YOU MAY HAVE STATUTORY RIGHTS
Certain legislation, including the Competition and Consumer Act 2010 (Cth) may impose consumer guarantees or implied rights which cannot be excluded, restricted or modified except to a limited extent ("Statutory Rights"). These Terms of Service must be read subject to your Statutory Rights. If Statutory Rights apply, to the extent to which Zilla Technologies Ltd. is able to do so, its liability under those provisions will be limited, at its option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.
NO WARRANTIES OR REPRESENTATIONS
WITHOUT LIMITING YOUR STATUTORY RIGHTS
You understand and agree that the Service is provided "as is" and, to the extent permitted by law, Zilla Technologies Ltd. and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Zilla Technologies Ltd.'s servers. Zilla Technologies Ltd. and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.
Zilla Technologies Ltd. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
LIMITATION OF LIABILITY WITHOUT LIMITING YOUR STATUTORY RIGHTS
Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.
If there is any loss or damage to your data, your sole and exclusive remedy will be for Zilla Technologies Ltd. to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by Zilla Technologies Ltd.
In no event shall Zilla Technologies Ltd. be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with the Service or any other service provided by Zilla Technologies Ltd.
INTELLECTUAL PROPERTY AND DATA
Zilla Technologies Ltd. claims no intellectual property rights over the data or other material you provide to the Service. You acknowledge that Zilla Technologies Ltd. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by the New Zealand and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
You consent to Zilla Technologies Ltd. transferring your data to third party IT providers, including our website host and back-up service provider, outside of New Zealand.
You may not assign your rights in respect of the Service to any other person.
Zilla Technologies Ltd. will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event which is beyond its control.
If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.
Zilla Technologies Ltd. may modify the Service, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms of Service and give you a reasonable period of time to notify us that you do not agree to the modified Terms of Service and cease using the service.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
This Agreement is governed by the New Zealand law and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New Zealand.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org.