Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR USE OF ZIITECH PTY LTD SERVICES

(Status as of December, 16th 2020)

1. Scope of validity

   1. These general terms of use govern the use of services (hereinafter: 'services') offered by Ziitech Pty Ltd.
   2. Any differing, complementary or contradictory terms and conditions issued by the user are not valid, even if Ziitech carries out services without reservation in the knowledge of these terms without contesting them.

2. Contractual Relationships, Registration and Changes to Terms of Use

   1. The user must be fully legally competent, or act with the consent of their legal representative.
   2. The contract is personally restricted to the user and is non-transferable. Irrespective of the fulfillment of legal duties of information, Ziitech will not save contractual provisions for the user.
   3. Unless otherwise agreed, Ziitech may change or cease services at any time. It may be necessary for the user to set up a Ziitech account in order to use certain products.
   4. To register, the user requires a valid email address as well as a password. The user is obliged to protect their access information from unauthorized access and to prevent access to their account by third parties. Each natural or legal person or association of individuals may only operate one user account. The user is obliged to make true and complete entries when registering.
   5. Unless otherwise agreed, the contractual agreement, including the user account, can be terminated by either side with a notice period of 4 weeks. Each party's legal right to terminate without notice for an important reason remains unaffected.
   6. Terms of use can be altered by Ziitech at any time, (i) as long as the user grants either express or implied agreement, or (ii) consent is considered granted according to the following requirements. Intended changes to the terms of use are to be provided in writing to the user at least two weeks before their application. If the user does not contest the changes in writing within two weeks, consent will be considered granted, and the changes will become an effective part of the contract at the time previously communicated. The user will be reminded of this process when being informed of the change.

3. User Obligations

   1. The user is obliged to use the services offered by Ziitech in a manner that does not violate these terms of use or any applicable law, and that does not infringe upon third party rights.
   2. Unless otherwise agreed with Ziitech, the use of Ziitech services is only permitted for private, non-commercial purposes.
   3. When using Ziitech services, the following is prohibited:
      1. The use of robots, spiders, scrapers or any other automated means of access to the website for any purpose,
      2. taking measures that would put unreasonable or disproportionate pressure on Ziitech's technical infrastructure;
      3. implementing operations to monitor or copy the content within Ziitech services;
      4. employing a device, software or programming that impairs or attempts to impair the functioning of Ziitech services;
      5. advertising within Ziitech services, for your own or for another's purposes, without express written permission from Ziitech in advance – including advertising competitions or discounts, and inviting persons to take part in competitions;
      6. copying, editing or manipulating vouchers without permission. Ziitech reserves the right to forward relevant information to the partner and initiate legal proceedings in the case of reasonable suspicion.
      7. impersonating another person within Ziitech services, e.g. a representative of Ziitech or a person responsible for the service in some way, or implying a relationship to some such person that does not exist;
      8. otherwise providing incorrect or false information to Ziitech or third parties, including fake email addresses;
      9. saving, publishing and/or distributing content you do not have the rights to;
      10. harassing, insulting, threatening, defaming, causing unreasonable inconvenience in any way to, or claiming or spreading untrue claims regarding anyone – be it a natural or legal person or a company;
      11. collecting, saving or distributing personal information about other users, if permission has not been expressly given by the affected parties and Ziitech;
      12. offering legal advice, or publishing content that could be understood as legal advice.
   4. The user hereby transfers to Ziitech the non-exclusive, transferable, royalty-free, worldwide and temporally unlimited (i.e. the rights extend beyond the duration of the contract) right to use, reproduce and make publicly available – also in edited or translated form – all information provided by the user (e.g. texts, images, images of persons) for the purposes of carrying out the contract and/or for Ziitech services, without requiring consent from third parties or payment to third parties.
   5. The user guarantees that the information they provided and their use of Ziitech in accordance with their contract, do not violate any third party rights (e.g. copyright, brand or personal rights), and that Ziitech may use these – without the need for consent from third parties or payment to third parties – within the realms outlined above. Furthermore, the user guarantees their possession of permission for all persons in any photos (privacy rights), as well as the right to use photos or other copyright-protected works without needing to name the photographer or copyright holder.
   6. The user holds harmless Ziitech (including their employees, staff, representatives, shareholders and other vicarious agents) from any third party claims and shall compensate Ziitech or any other named persons for damages or necessary expenses arising from claims caused by the user's breach of their contractual guarantees or duties. This also includes reasonable lawyer and court fees.

4. Reservations

   1. The user can make online or telephone reservations via the Ziitech online reservation system at restaurants that take part in the Ziitech online reservation system (hereinafter: 'partner'). The online reservation system is agreed exclusively between the partner and the user under mediation by Ziitech, whereby Ziitech does not act as a representative, but only as a messenger. For restaurants listed in Ziitech services but that are not partners in the Ziitech online reservation system (hereinafter: 'listing restaurant'), the user can contact the listing restaurant and make reservations (e.g. by telephone, email or contact form using the contact information provided in the listing) directly i.e. not via the Ziitech reservation system and without the mediation or involvement of Ziitech.
   2. The Ziitech online reservation function is a service provided free of charge to the user. Part of the reservation function is an automatic check of the partner's expected available capacity at the time of the desired reservation. This expected available capacity is calculated at the time of the user's request, and is based on saved settings, existing reservations and other partner settings. The partner is exclusively responsible for maintaining and keeping their settings up to date. Outside the technical functioning of the Ziitech reservation service, Ziitech accepts no risk for availability or the success of reservations with the partner chosen by the user.
   3. Ziitech will inform the user via email as to the status of their online reservation request, and any changes. If the reservation is made more than 7 days in advance, Ziitech will send the user a reminder 48 hours before the reservation via email.
   4. Some partners require that users provide a monetary deposit via credit card, and/or agree to the partner's cancellation terms. Any agreements regarding this matter are exclusively between the partner and the user. Ziitech is not a party, only a messenger.
   5. If unable to honour a reservation, the user has to cancel as soon as possible – 60 minutes before the reservation at the latest, unless otherwise agreed with the partner as part of their cancellation terms. To cancel, the user can either use the link in their email confirmation, use the Reservations section of their user account, or contact the partner directly. The relevant contact information can be found in the email confirmation, for example. Other rights notwithstanding, Ziitech reserves the right to deactivate the reservation function and/or other Ziitech services for the user if the user does not honour several reservations without canceling them ("no show"), if Ziitech has already informed the user hereof to no effect. The partner's rights relating to reservations or no shows remain unaffected.

5. Limitation of Liability

   1. Except as provided herein, Ziitech does not make any warranty, express or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement for the Product or SaaS Subscription, to the fullest extent permitted by applicable law. These Terms and Conditions make for no warranty nor representation concerning the accuracy, possible results or reliability of the use of the Product or SaaS Subscription. Ziitech makes no warranty that the Product or SaaS Subscription will be error free or uninterrupted or that the Product or SaaS Subscription are free of all types of internet and computer viruses or other electronically or magnetically harmful mechanisms. Ziitech will not be responsible for any costs associated with the serving or replacing of equipment or data which has arisen as a result of the user’s use of the Product or SaaS Subscription.
   2. Ziitech makes no express or implied representations or warranties, nor does it assume any liability or responsibility for any non-compliance, unsuitability, non-compatibility, restriction or limitation of the Product or SaaS Subscription or hardware used by the user to gain access and utilise the Product or SaaS Subscription.
   3. Ziitech may use third-party products or services as part of the Product or SaaS Subscription, however Ziitech does not make any warranty or representation as to the ability of the facilities or services of any third-party suppliers and is not liable for any failure in, fault with or degradation of the Product or SaaS Subscription if that failure, fault or degradation is attributable to, or caused by any failure of the user’s computing environment (including all hardware, software, IT or telecommunication services and systems) or the facilities or services of any third party.
   4. Ziitech makes no warranty as to compliance by the user with all local, state and national and international privacy obligations.
   5. Ziitech makes no warranty as to the accuracy, completeness or currency of any of the content. The content may include typographical, technical or photographic errors. Ziitech may make alterations to the content at any time without notice to the user. Ziitech does not make any commitment to a user that the content will be updated, any such update will occur at the sole discretion of Ziitech.
   6. In no event will Ziitech be liable for any incidental or indirect damages or Consequential Loss arising out of the use, abuse of or inability to use Ziitech services, including if Ziitech or any other authorised representative has been advised of the possible existence of such damages.
   7. It is agreed by the user that Ziitech's entire total liability for any damages, regardless of form or action, will be limited to the licence fees paid to Ziitech during the current term.
   8. The provisions within this clause 5 apply only to the maximum extent permitted by law. As some jurisdictions disallow limitations on implied warranties or limitations of liability for incidental or consequential damages, these limitations may not apply to the user. Ziitech excludes all liability for all claims, losses, expenses, costs and damages incurred or suffered or made against the user directly or indirectly (including, without any limitation, costs of loss, profits and data) arising from negligence of Ziitech or its employees, contractors or agents, in connection with these Terms and Conditions or termination of these Terms and Conditions by either party for whatsoever reason.
   9. The user undertakes to indemnify Ziitech against any costs due to product liability loss, third party loss or other third party claims due to the user’s use of the Product.

6. Governing Law and Jurisdiction

   1. These Terms and Conditions are governed by and construed according to the laws of the State of Victoria, Australia. Any actions at law or in equity arising out of or pertaining to these Terms and Conditions may be filed or initiated only in Courts or other appropriate legal forums located in the State of Victoria, Australia and the Customer hereby consents and submits to the jurisdiction of such Courts and legal forums.