Zapid Hire General Terms and Conditions

 

This sets out the terms and conditions ("Terms") on which we, Leadaboard Holdings Pty Ltd (trading as Zapid Hire) (ACN 617 229 151) ("we","us", or "Zapid"), provide our services through our website www.zapidhire.com and any Zapid mobile application through which you access our website or services (together, "Website").Please read these Terms carefully before using any of our services through theWebsite, as your use of the Website and our services offered on the Website iss ubject to these Terms. By using our services via the Website (whether now orin the future) or continuing to use the Website, you agree to be bound by theseTerms.

For the avoidance of doubt, please note that references to "ZapidWebsite" or “Website” in these Terms include any current or future version of our website www.zapidhire.com and any Zapid mobile application through which you access our website or services, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing our website or services that may be developed from time to time).

1.    DEFINITIONS 

       a)     In these Terms:

                   i.     Agreement means these Terms;

                   ii.     Business Day means a day which is not a Saturday, Sunday or public holiday in New South Wales;

                   iii.     Candidate means any prospective employee that uses the Website;

                   iv.     Employer means any prospective employer that uses the Website;

                   v.     Intellectual PropertyRights means any intellectual property and industrial property rights of throughout the world including rights in respect of or in connection with any copyright (including future copyright and rights in the nature of or analogous to copyright), inventions (including patents), designs, and circuit layouts whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions and any other intellectual property rights as defined in Article 2 of the World Intellectual Property Organisation Convention of 1967;

                   vi.     Service(s) includes the service of the Website and also extends to any other service that may be offered by Zapid from time to time (including but not limited to a hiring platform);

                   vii.     Terms means these terms and conditions;

                   viii.    Works means any and all publications, content, graphs, charts, data, information, software, processes, programs, documents, user generated content or any other materials whatsoever contained on any Website owned by Zapid or provided by Zapid to any user;

                  ix.     You or your or user means the person who uses the Website; and

                  x.     Website means www.zapidhire.com and any Zapid mobile application through which you access our website or services or any other site operated by or on behalf of Zapid, as notified by Zapid from time to time.

       b)     Words importing the singular include the plural and vice versa and words importing one gender shall include all other genders. Headings are for ease of reference only and shall not affect the interpretation of these Terms.  A reference to a clause isa reference to a clause of these Terms.

 

2.    DURATION

These Terms commence on the date of first use of the Website and continue in full force and effect unless terminated earlier.

 

3.    CHANGES

We reserve the right to revise, replace or amend these Terms, or other terms that may apply from time to time.We shall notify you of any substantive changes by email or any other reasonable notification method. The new changes shall only apply to Website uses after the notification has been sent to you. 

 

4.    PRIVACY

       a)     Please refer to our PrivacyPolicy, which forms part of these Terms. 

       b)     For Employers that use the Website:

                 a.     any “personal information” (within the meaning of the Privacy Act 1988 (Cth) of any Candidate that you obtain through your use of the Website must only be used by you in relation to your genuine employment and/or recruitment activities;

                 b.     selling or offering services or products to candidates whose personal information you have obtained through your use of the Website is considered by us to be a misuse of candidate data, and is prohibited;

                 c.      you may not under any circumstances provide any candidate personal information you have obtained through your use of the Website to any other party.

                 d.     we take our obligations under the Privacy Act 1988 (Cth) extremely seriously, and if we believe that you have misused candidate data for any reason, we reserve the right to:

                                        i.     immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;

                                        ii.     report any potential contraventions of the Privacy Act 1988 (Cth) by you to the relevant authorities, including the Office of the Australian Information Commissioner; and/or

                                        iii.     take legal action against you seeking any number of remedies provided by law, including the award of monetary damages.

 

5.     ACCESS AND USE

       a)     Your access to and use of the Website is conditional on your acceptance of these Terms.  If you do not accept these Terms, then you must not access or use or must immediately cease all access or use of the Website.

       b)     You agree that:

                 i.     any and all access and use of any Service of the Website by you shall be in accordance with:

                                       1.     these Terms;

                                       2.     any notices displayed on the Website from time to time; and

                                       3.     any other terms of business that we may provide you with if you use our Services.

       c)     You acknowledge that:

                 i.     you must not use theWebsite, or post any material on the Website, in any way that causes or is likely to cause the Website or access to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer or device to us;  

                 ii.     when you register an account or use the Website you will provide us with personal information such as your name, email address, telephone number, employment history, personal videos, gender, date of birth, employment history and residential address. We will handle all personal information we collect in accordance with our PrivacyPolicy;

                 iii.     if you choose to register, we may provide you with a username and you will select a password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username;

                 iv.     if you are under age 16, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you;

                 v.     you are legally responsible for all use of the Website and all user generated content you submit. If you are not fully able and legally competent to agree to these Terms you may not use these Services;

                 vi.     under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonablybe taken to be, predatory or intimidating;

                 vii.     we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;

                 viii.    we will share information you provide to us with other users of theWebsite (for Employers – we will share information with Candidates, for Candidates– we will share information with Employers);

                 ix.     you will not: 

                                       1.     post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;

                                       2.     bypass (or attempt to bypass) any security mechanisms imposed by the Website;

                                       3.     impersonate any person or entity;

                                       4.     post or transmit false or misleading material or make any form of misleading or deceptive representation;

                                       5.     post or transmit any material for fraudulent purposes in connection with any criminal offence or any other unlawful activity;

                                       6.     knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;

                                       7.     exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);

                                       8.     provide access or links to any material which may infringe the intellectual property rights of another person; or

                                       9.     delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and

                                       10.  at our request you agree todo all things necessary and desirable, either to give effect to these Terms or to help us comply with all regulatory directions and obligations.

       d)     You agree that you shall not make any commercial use of any or all of the works accessed on the Website.In this clause, commercial use means use that is for monetary reward and includes, without limitation, use for sale, resale, loan, transfer, hire or any other form of commercial use.

       e)     Zapid may use"cookie" technology on its Websites. A “cookie” is a small summary file containing a unique ID number which is stored on your computer by your browser. When you log in, the cookie tells Zapid whether you've visited theWebsites before or if you are a new visitor. The cookie doesn't obtain any personal information about you or provide Zapid with any way to contact you, and the cookie doesn't extract any information from your computer. Zapid uses the cookie to help it identify the relevant Websites features in which you have the greatest interest, so that it may better personalise your access to theWebsites.

       f)      If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

 

6.    USER-GENERATED CONTENT 

       a)     This Website may allow you to post information, videos, photos, content, user submissions and/or upload materials to the Website or App (including features such as live chat and forums), whether through external websites or otherwise and may also allow youto see user generated content submitted by other persons. 

       b)     The Website may include functionalities that allow you to control whether or not the public or other users of the Website or App are able to view your user generated content(Access Controls). We will use our best endeavours to ensure that the Website or App properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your user generated content that you did not intend to disclose).

       c)     Because we are not able toguarantee that the implementation of the Access Controls is error free, youshould take particular care before deciding whether to upload any usergenerated content. In particular, you should be aware that, if your usergenerated content is downloaded by any other person (including other users ofthe Website or App) (whether authorised or not), then neither Zapid nor you maybe able to control the further disclosure and publication of that usergenerated content.

       d)     By posting, submitting,updating, modifying, transmitting or otherwise making available any usergenerated content on this Website:

                 i.     you warrant that youindependently created or otherwise have all the necessary rights andpermissions needed to submit user generated content to the Website;

                 ii.     you grant to us aroyalty-free, non-exclusive irrevocable, perpetual and world-wide licence ofthe intellectual property rights in the user generated content to use, modify,copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/orbroadcast, publicly perform, communicate and display in any manner and by anymeans which we may determine (subject to us using reasonable endeavours toimplement the Access Controls that you have selected);

                 iii.     you agree that we may shareany user generated content you have uploaded to the Website with other users,and relevant third parties (for Candidates, we will share user generatedcontent with Employers, for Employers, we will share user generated contentwith Candidates);

                 iv.     you must ensure, andwarrant, that your user generated content does not infringe the rights(including intellectual property rights, privacy and reputation) of any otherperson, and you agree to indemnify us against any third party claims arisingfrom your use of the Website in breach of this clause.

       e)     To the full extentpermitted by law (and subject to us using reasonable endeavours to implementthe Access Controls that you have selected), you consent to us (and all personsauthorised by us) doing anything in relation to your user generated contentwhich would otherwise constitute an infringement of your moral rights that youmay have in the user generated content. To the extent that a waiver, ratherthan a consent, is required in any jurisdiction, then you waive any moralrights you may have.

       f)      We have the right, but notthe obligation, to monitor and review user generated content from time to timeand we may, at our sole discretion and without prior notice to you, remove oredit any of your user generated content for any reason (or for no reason atall).

       g)     Notwithstanding our rightto monitor, review and edit any user generated content, we are not obliged todo so. We accept no responsibility or liability for any user generated content.In particular, you acknowledge and agree that we do not authorise, condone orendorse any user generated content of any other user, and are not responsiblefor the accuracy, legality or decency of such content. You are solelyresponsible for verifying the veracity of any claims or statements made in anyuser generated content.

       h)     You acknowledge that,subject to us using reasonable endeavours to implement the Access Controls thatyou have selected, your user generated content will be displayed on theWebsite, and other users may use, view and download your user generatedcontent. We are not responsible for how other users will use your usergenerated content. You should take care before posting anything sensitive orpersonal about yourself to any part of the Website that is accessible to thepublic or other users of the Website or App.

       i)      Some user generated contentmay refer to opportunities or activities that are organised by other users ofthe Website or App. We are not responsible for organising these events andactivities, and do not authorise or endorse them. You are solely responsiblefor determining whether to participate in these events and activities, at yourown risk.

       j)      If you only own the rightsin and to a sound recording, but not to the underlying musical works embodiedin such sound recordings, then you must not post such sound recordings to theServices unless you have all permissions, clearances from, or are authorisedby, the owner of any part of the content to submit it to the Services.

       k)     If you believe that yourrights have been infringed by any other user generated content or wish toreport any user generated content that does not comply with these Terms, pleasecontact us via the Website.

 

7.    EMPLOYER ADVERTISEMENTS

       a)     You must ensure that alladvertisements posted to the Website comply with all applicable legislation,regulations, by-laws, ordinances and codes of conduct, including but notlimited to the:

                 i.     Competition and ConsumerAct 2010 (Cth) including but not limited to section 31 of Schedule 2 whichrequires that if you are a company you must not mislead persons seekingemployment as to the availability, nature, terms or conditions or, any othermatter relating to the employment opportunity being offered;

                 ii.     Fair Trading Act’s in allapplicable States and Territories;

                 iii.     Privacy Act 1988 (Cth)including the Australian Privacy Principles;

                 iv.     Estate Agent Acts in allapplicable States and Territories;

                 v.     Human Rights and EqualOpportunity Commission Act 1986 (Cth); and

                 vi.     all anti-discrimination andequal opportunity legislation applicable in the State or Territory in which youdo business.

       b)     You must adhere to theprinciple of honest representation in advertising set out in the RCSA’s Code For Professional Practice.

       c)     You may only post advertisementsto the Website that are in respect of a genuine, paid employment opportunitythat is current as at the time of posting the advertisement, and for which youare currently recruiting. We reserve the right to request any information fromyou that it deems necessary to verify that a genuine, paid employmentopportunity exists.

       d)     We reserve the right toreject advertisements for positions located outside of Australia.

 

8.    OWNERSHIP AND INTELLECTUAL PROPERTY

       a)      Subject to clause 9(c) you acknowledge andagree that any and all Intellectual Property Rights, title and interest arisingin or in relation to the Works remains with or vests in Zapid or third parties.

       b)     If Zapid, or any person,makes available or introduces to you to their intellectual property then allIntellectual Property Rights relating to or associated with that intellectualproperty will remain the sole property of Zapid, or that other person who isthe owner or licensee of that intellectual property.

       c)     You agree to take allactions and do all things reasonably necessary or desirable to protect ourIntellectual Property Rights, title and interest in the Works and theIntellectual Property Rights of any third party.

 

9.    NO PERMISSION TO USE WORKS 

       a)     Unless otherwise indicatedand except for any functionalities provided by external websites, copyright inthis Website (including its content, materials, programs, text, graphics,logos, icons, sound recordings, video, software and advertisements) is owned orlicensed by us. Information procured from a third party may be the subject ofcopyright owned by that third party. All rights are reserved by us.

       b)     All names, logos andtrademarks on this Website are the property of their respective owners. Nothingon the Website should be interpreted as granting any rights to commercial useor to distribute any names, logos or trademarks, without the express writtenagreement of the relevant owners.

       c)     We grant you a personal,limited, revocable, non-exclusive and non-transferable licence to access, view,listen to, use and print this Website and their content solely for yourpersonal, non-commercial purposes and only for those purposes. Otherwise, tothe extent allowed by law, no part of this Website may be reproduced, reused,retransmitted, adapted, published, broadcast or distributed without our priorwritten permission.

       d)     The following are examplesof conduct that are not authorised by these terms:

                  i.     sharing the content of thisWebsite with other persons;

                  ii.     publishing or posting anyof the content on any other website, including on social media pages orwebsites;

                  iii.     using the logo ortrademarks of this Website,

                  iv.     registering or maintainingany social media pages or websites that misrepresent or are reasonably likelyto misrepresent any affiliation with, or endorsement by, us; and

                  v.     systematic downloading or"scraping" of content of the Website.

       e)     We may, from time to time,monitor your use of the Website to determine if you are in breach of theseterms. Such monitoring may include:

                  i.     the frequency and nature ofany downloads; and

                  ii.     the time of access and IPaddresses used to access the Website.

       f)      We may suspend, limit orterminate your access to the Website or App (at our discretion) if wereasonably suspect, based on the results of such monitoring, that you are inbreach of these terms.

 

10.  REPRODUCTION ANDCOMMUNICATION FOR OTHER PURPOSES

       a)     No further reproduction ordistribution of the Works in whole or in part is permitted without the expresswritten agreement of Zapid. 

       b)     To seek permission to usethe Works (or part of them) please contact us via the Website.

 

11.  PROVIDING FEEDBACK ONWEBSITE 

If you are invited to post comments on the Website you may do so. If youthink that a comment that has been posted is illegal, offensive, abusive,indecent, defamatory, obscene, menacing, discriminatory, pornographic,misleading or deceptive (as to its subject matter or the identify of its authoror poster) or in breach of copyright, trademark, confidence, privacy or anyother right or is otherwise injurious to third parties or which consists of orcontains software viruses, political campaigning, commercial solicitation,commercial or personal advertising, financial or personal advice orrecommendation,  or any form of spam, please contact us with a link to thecomment or a copy of it and your reason for objecting to it. We will considerwhether there are grounds for editing or removing the comment and takeappropriate action but will not necessarily contact or consult you about ourdecision. Our decision is final.

 

12.  EMPLOYERPAYMENT TERMS

       a)     Youunderstand that use of the Website and the Services may result in charges toyou for the Services you receive from Zapid. It is your sole responsibility tounderstand the details of any charges you may incur.

       b)     Youare obliged to pay for the Services that Zapid agrees to provide you withregardless of whether you utilise those Services. If you do not provide Zapidwith the necessary information or use the Website fully you are still liablefor payment.

       c)     Youagree that Zapid will facilitate your payment of the applicable charges forsuch Services. These charges will be inclusive of applicable taxes. You aresolely responsible for the fees or interests charged by bank incurred for thefailure of any payments.

       d)     Anycharges paid by you are final and non-refundable, unless otherwise determinedby Zapid or required by law.

       e)     Youwill pay all charges incurred by you and all charges are due immediately.

       f)      Zapidwill send you a receipt electronically.

       g)     Asbetween you and Zapid, we reserve the right to establish, remove and/or revisecharges for any Services at any time in our sole discretion.  

 

 

13.  DISCLAIMERS

       a)     Wemay make changes to the material on the Website, or to the Services at any timewithout notice.

       b)     Weassume no responsibility for the accuracy, completeness, reliability,timeliness and usability of the Website or any of the content provided by anyuser of the Website.

       c)     Zapidis a software provider that connects Employers and Candidates. Responsibilityfor the distributed content, any recruitment process and any employment offer areexclusively for users.  

       d)     Withoutlimiting the generality of the foregoing, you acknowledge and accept thefollowing by using the Website:

                 i.     Wedo not give any undertaking that the Services accessed through the Website willbe of satisfactory quality or suitable for your purpose and we disclaim anysuch warranties; 

                 ii.     Wedo not give any undertaking in relation to the application process that followsuse of the Services. This is exclusively between Employer and Candidate; and

                 iii.     Theforegoing disclaimers do not affect your statutory rights.

       e)     Weprovide you with access to the Website and Service on the basis that, to themaximum extent permitted by law, including the Australian Consumer Law, weexclude all representations, warranties, conditions, undertakings and otherterms in relation to the Website and Services (including any representations,warranties, conditions, undertakings and other terms which might otherwiseapply to the Website or Service, or be otherwise implied or incorporated intothese Terms, by statute, common law or otherwise).

 

14.  ACKNOWLEDGEMENT, WARRANTYAND LIABILITY

       a)     You acknowledge and agreethat:

                  i.      We do not make any warranties about the Website,Services or Works, including without limitation any warranty that the Works orServices are complete or error-free;

                  ii.     You will not rely on any ofthe Works without first making independent enquiries to verify facts; and

                  iii.     The Website is provided onan ‘as available’ basis. You agree that the Website service may be interruptedfor maintenance and repairs, or for any other reason and that access to anyWorks cannot be guaranteed. 

       b)     To the fullest extentpermitted by law, Zapid disclaims any and all express or implied warranties,guarantees or representations regarding:

                   i.     the accuracy, reliability,timeliness or otherwise of the Services and any information contained orreferred to on the Website or the Works or on any external web sites that maybe referred to on the Website; and

                   ii.     the reliability or fitnessfor any particular purpose for any Services or products contained or referredto on the Website or the Works or on any external web sites that may bereferred to on the Website.

       c)     You acknowledge and agreethat Zapid does not warrant, guarantee or make any representation that:

                   i.     the Website, the Works orthe server that makes the Website available on the world wide web are free ofsoftware viruses;

                   ii.     the functions contained inany software contained on the Website or the Works will operate uninterruptedor are error-free; or that

                   iii.     errors and defects in theWebsite or the Works will be corrected.

       d)     You acknowledge and agreethat Zapid acts as a medium between Candidates and Employers and Zapid does notvet, nor is it responsible for vetting Candidates or Employers or therepresentations made by either of them whether oral or in writing – includingthose representations appearing in videos.

       e)     You and Zapid further agreethat, to the fullest extent permitted by law:

                    i.     the Works or any othermaterials whatsoever appearing on the Website are provided on an “as is” basiswithout warranty of any kind, express or implied;

                    ii.     So far as permitted by law,we exclude all conditions and warranties relating to the Services, the Works orthe Website; and

                    iii.      Zapid does not warrant or guarantee theaccuracy, completeness, merchantability, or fitness for purpose of the Service,the Works, or the Website.

       f)      To the extent that ourliability for breach of any implied warranty or conditions cannot be excludedby law our liability will be limited, at our sole discretion, to re-supplythose services or the payment of the costs of having those services resupplied.

 

15.  INDEMNITY AND LIMITATION

       a)     You agree to release andindemnify, defend and hold Zapid, its directors, officers, employees andagents, harmless from and against any loss, damage, costs, liability andexpenses (including reasonable legal and professional fees) arising out of anyclaim or legal action taken against you or Zapid related to or in any wayconnected with any use of the Website by you or any failure by you to performyour obligations in relation to these Terms. This indemnity shall survive thetermination of these Terms.

       b)     To the extent permitted bylaw, in no event will we (or our employees, agents and subcontractors) beliable to you for indirect, special or incidental, punitive, exemplary orconsequential loss, costs, expenses and damages (or any loss of revenue, lossof data, loss of profits or loss of opportunity whether the losses be direct orindirect), suffered or incurred by you and arising out of or in connection withyour access to or use of the Website, the Services, the Works, any linkedWebsite or App, your reliance on any information obtained through the Websiteor your use of any services on the Website, regardless of whether liability isbased on any breach of contract, tort (including negligence) or warranty,arises under statute, or any other basis of liability.

       c)     Subjectto clauses(a) and (b), and your statutory rights under the Australian ConsumerLaw more generally, our total liability to you in respect of all other lossesarising under or in connection with the Service or the Website, whether incontract, tort (including negligence), breach of statutory duty, or otherwise,shall in no circumstances exceed $100.

       d)     Youassume full and sole responsibility for any additional or associated costs thatyou may incur in connection with or as a result of your use of the Website,including without limitation costs relating to the servicing, repair oradaptation of any equipment, software or data that you may own, lease, licenseor otherwise use.

 

16.  TERMINATION

       a)     We may immediatelyterminate these Terms if you breach any term or condition of these Terms andfails to remedy such breach to our satisfaction within seven (7) days ofnotification from us.

       b)     On termination of theseTerms:

                   i.     you must not access orattempt to access the Service of the Website; and

                   ii.     we may immediately deny youaccess to the Service of the Website, or any other part of the Website, at oursole discretion.

       c)     Any termination of thelicence granted under these Terms shall not affect any accrued rights orliabilities of either party, nor shall it affect any provision of these Terms,which is expressly or by implication intended to continue in force after suchtermination.

       d)     Users may delete theirprofile at any time.

 

17.  WRITTEN COMMUNICATIONS

Applicablelaws require that some of the information or communications we send to youshould be in writing. When using the Website via the Website, you accept thatcommunication with us will be mainly electronic. We will contact you by emailor provide you with information by posting notices on the Website. Forcontractual purposes, you agree to this electronic means of communication andyou acknowledge that all contracts, notices, information and othercommunications that we provide to you electronically comply with any legalrequirement that such communications be in writing. This condition does notaffect your statutory rights.

 

18.  EVENTSOUTSIDE OUR CONTROL

       a)     Wewill not be liable or responsible for any failure to perform, or delay inperformance of, any of our obligations under these Terms that is caused byevents outside our reasonable control ("Force Majeure Event").

       b)     AForce Majeure Event includes any act, event, non-occurrence, omission oraccident beyond our reasonable control and includes in particular (withoutlimitation) the following:

                    i.     strikes,lockouts or other industrial action;

                    ii.     civilcommotion, riot, invasion, terrorist attack or threat of terrorist attack, war(whether declared or not) or threat or preparation for war;

                    iii.     fire,explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or othernatural disaster;

                    iv.     impossibilityof the use of railways, shipping, aircraft, motor transport or other means ofpublic or private transport;

                    v.     impossibilityof the use of public or private telecommunications networks; and

                    vi.     theacts, decrees, legislation, regulations or restrictions of any government.

       c)     Ourperformance under these Terms is deemed to be suspended for the period that anyForce Majeure Event continues, and we will have an extension of time forperformance for the duration of that period. We will use our reasonableendeavours to bring any Force Majeure Event to a close or to find a solution bywhich our obligations under these Terms may be performed despite the ForceMajeure Event.

 

19.  THIRD PARTY WEBSITES

       a)    Links to third party websites on theWebsite are provided solely for your convenience. If you use these links, youleave the Website. We have not reviewed and do not control any of these third-partywebsites (and are not responsible for these websites or their content oravailability). We do not endorse or make any representation about thesewebsites, their content, or the results from using such websites or content. Ifyou decide to access any of the third-party websites linked to the Website, youdo so entirely at your own risk. 

       b)    You may link to the Website's homepage (www.zapidhire.com.au) providedthat:

                   i.     youdo so in a fair and legal way which does not damage or take advantage of ourreputation;

                   ii.     youdo not establish a link from a website that is not owned by you or in a waythat suggests a form of association with or endorsement by us where noneexists;   

                   iii.     anywebsite from which you link must comply with the content standards set out inthese Terms;

                   iv.     wehave the right to withdraw linking permission at any time and for any reason.

 

20.  COMPLAINTS

In the eventthat you would like to express your opinion on the quality of the Services, pleaseconsider contacting Head Office via the Website contact us page. We will endeavour to respond within 3business days to all complaints.

 

21.  GENERAL

       a)     These Terms and thedocuments referred to in the Terms, supersede all prior agreements,arrangements and undertakings between the parties and constitutes the entireagreement between the parties relating to the use of the website.

       b)     You must not assign,whether in whole or part, the benefit of these Terms or any rights orobligations hereunder, without the prior written consent of Zapid.

       c)     These Terms shall begoverned by and construed in accordance with the laws for the time being inforce in the State of New South Wales, Australia and the parties agree tosubmit to the non-exclusive jurisdiction of the courts and tribunals of thatState.

       d)     No forbearance, delay orindulgence by a party in enforcing the provisions of these Terms shallprejudice or restrict the rights of that party, nor shall any waiver or thoserights operate as a waiver of any subsequent breach.

       e)     Should any part of theseTerms be or become invalid or unenforceable, that part shall be severed fromthese Terms. Such invalidity or unenforceability shall not affect the validityof the remaining provisions of the Agreement.

 

These Terms & Conditions were last updated in July 2020.