Terms of Use
For the purposes of these terms of use (“Terms”), the words “Zeep”, “Zeep Medical, “We”, “Our”, “the Company” and “Us” refer to Zeep Medical Pty Ltd trading as Zeep Medical and its related bodies corporate and “Website” means the content found at the URL www.zeepmedical.com.au (“Website”) and other versions of the Website.
These terms of use as varied from time to time govern your use of the Website and all its associated Services. By accessing, browsing and/or using the Website you are deemed to have agreed to these Terms and to the collection and use of your personal information by Zeep as outlined in its Privacy Policy. If you do not wish to be bound by these Terms you must discontinue accessing, browsing and/or using the Website.
Services
The services include recruitment and placement services that enable users of Zeep’s website to post, search and view available positions or placements and communicate with Zeep in relation to recruiting for or being recruited or placed for available positions (the Service(s)).
By creating a Zeep account or by using the Zeep website, whether through a mobile device, application or computer, you, also referred to as “Users”, agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated by reference to this agreement. Unless varied by Us for any reason, this agreement will remain in full force and effect while you use the Service(s) and/or have a Zeep account. We may terminate your Zeep account at any time, for any reason. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service(s).
You acknowledge that Zeep does not provide legal advice and does not function as a legal service provider and that all agency and representative services are provided by independent third parties who are not employed by Zeep or any of its affiliates.
No Warranties or Representations
You acknowledge that Zeep does not provide legal advice or legal services or function as a legal advisor and that all legal services are provided by independent third party contractors who are not employed or engaged by Zeep or any of its affiliates.
Zeep makes no representation, warranty, or guarantee regarding the reliability, timeliness, suitability, quality or availability of the services requested through the use of the Services, or that the Services will be uninterrupted or error free.
You may have rights under the Australian Consumer Law or similar legislation which cannot be excluded or limited by Us. These conditions of use, including this clause, do not, and do not intend to, exclude or limit those statutory rights in any way.
All statutory or implied terms, conditions or warranties concerning the quality or condition of our Website or any information, Service(s), material, advice or recommendation supplied by Us through our Website are excluded to the fullest extent permitted by law.
Zeep does not represent or warrant (expressly or impliedly) that the Website or any of the Zeep content, or the facilities that make the Website and the Zeep content available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the Website or any Zeep content will be uninterrupted.
Except to the maximum extent that liability may not lawfully be excluded, Zeep is not liable (whether in contract, negligence or otherwise) for any loss or damage of whatever nature (whether direct, indirect, incidental, special and/or consequential) arising from the use of the Website, any of the Zeep content, reliance upon any of the information, services and/or materials contained in it or provided by it. Further, Zeep is not liable for any service agreed to be provided between its users and makes no representation as to the quality, expertise, experience, knowledge, age and/or identity of any of its registered users and service providers.
Except to the maximum extent that liability may not lawfully be excluded, Zeep’s liability for breach of any implied warranty or conditions is restricted, at Zeep’s option, to:
The amount (if any) paid by you to Zeep in respect of the services; or
The re-supply of the services; or
The cost of the re-supply of the services.
By using Zeep, you acknowledge the Zeep nor its affiliates, advertisers, and third party partners are not liable for and bear no liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of:
Any incorrect or inaccurate content posted in the Service(s), whether caused by Users or any of the equipment or programming associated with or utilised in the Service(s);
The timeliness, deletion or removal, incorrect delivery or failure to store any content or communications in the application or website;
Any use of the Service(s) for any unauthorised, illegal or prohibited behaviour or conduct, including but not limited to conduct, behaviour and actions in violation of these Terms of Use.
Any problems, failure or technical malfunction of any systems, servers, providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person’s computer or device related to or resulting from participating, accessing or accepting any materials in connection with the Internet and/or in connection with the Service(s).
Any material downloaded or otherwise obtained or accessed through the use of the Service(s) is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorised to download or obtain any material through the Service(s).
From time to time, we may make third party events, offers, opinions, advice, statements and information or content available through the Service(s). All third-party content is the responsibility of the respective authors of such content. We do not guarantee the accuracy, completeness, or usefulness of any third party content provided through the service or adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any party that appears in the Service(s) or any associated event, meeting or gathering. Under no circumstances will we or any of our affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Service(s) or transmitted to any Users.
Indemnity
You agree to indemnify and hold Zeep and its officers, directors, employees and agents harmless from any and all claims, demands, liabilities, losses and expenses (including legal costs) arising out of or in connection with (a) your use of the Services or services secured or obtained through your use of the Services; (b) your breach or violation of any of these Terms; (c) Zeep’s use of your information; (d) your violation of the rights of any third party; (e) your violation of any law or regulation by you.
We reserve our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event, you will fully cooperate with Us in connection therewith.
Accuracy of information
Zeep provides information and content displayed on its Website to promote its services and business. Zeep does not warrant and makes no representation, as to the accuracy of any information or content displayed on the Website or its suitability for your use.
Zeep will not be liable for any damages whatsoever whether for any action arising out of or in connection with access to the Website or the information and material contained on the Website. All warranties of any kind are excluded to the maximum extent permitted by law.
Zeep makes no guarantee as to the suitability, usefulness or appropriateness of any agent, service provider or user selected by you and no guarantee as to the likelihood of outcome which is sought by you by reason of any engagement made.
Your availability and expressions of interest for any service, job, work or assignment
You agree to ensure that all information provided by you is correct, truthful and current. You must immediately notify us and update us of any changes to the information you have provided to us, including without limit, to our calendars and logs, so that we can communicate relevant changes to you and/or any other users and third party providers.
License
Subject to your compliance with these Terms, Zeep granted you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and use the Website on your personal device solely in connection with your use of Services; and (b) access and use any content, information and related material that may be made available through the Services. Any rights not expressly granted herein are reserved by Zeep.
Intellectual Property
You acknowledge that the Website, Zeep’s services, software, material, information, communications, text, graphics, links, art, audio, video, images, and other data available within the Website (“Zeep content”) are provided by Zeep or third-party providers and belong to and are subject to copyright by Zeep and/or such third parties.
You may not copy, reproduce, reverse-engineer, dissemble, publish, sell, lease, transfer distribute, modify, create derivation of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Zeep a content or our services in whole or in part unless expressly authorised by Zeep or the relevant third-party owner.
You acknowledge that Zeep remains the owner of the Zeep content and that you do not acquire any intellectual property rights in the Zeep content.
The Service is provided for personal use only. Unless expressly agreed to by Us, you may not use the Service or any content contained in the Service (including, but not limited to content of designs, text, graphics, images, video, logos, software) in connection with any commercial endeavours such as advertising or soliciting any user to buy or sell any products or services. You may not use any information obtained from the Service to contact, advertise to, solicitor, or sell to any other user without his or her express explicit consent and in the absence of our express written consent. We may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Service.
Zeep reserves all its rights in the intellectual property published on this Website.
Functionality
Zeep does not warrant the functionality of the Website or any features of the Website. Zeep reserves the right to change the Website or remove functionality of the Website without notice.
Third party content and links
Zeep may supply or provide materials and links to external Websites owned and operated by third parties.
You understand that Zeep cannot and does not warrant or represent that files or software of any kind, or from any source, available for downloading through the Website, are accurate, bona fide or will be free of infection or viruses, worms, or other defects. You must make your own enquiries to satisfy yourself that the information on third party Websites is safe and free of defects or code that manifest contaminating or destructive properties. You should not rely on this information to make decisions. You agree that by accessing any third party linked Website you do so at entirely at your own risk.
Interactions with other Users
You are solely responsible for your interactions with other Users. You understand that we do not undertake criminal background checks on its users and we do not verify the identify and statements of its Users. We reserve our right to conduct any criminal background check or other screenings or searches at any time and using available public records.
We make no representations or warranties as to the conduct of the Users or their compatibility with any current or future Users.
We are not responsible for the conduct of any User. In no event shall the Company, its partners, affiliates, advertisers, event promoters or event organisers be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service(s) including, without limitation, death, bodily injury, emotional distress and/or any other damages resulting from communications, gatherings, or meetings with other Users or persons you meet through the Service.
You agree to take all precautions in all interactions with other Users, particularly if you decide to meet and/or communicate off or away from the Service.
Content posted by you in the Service or Website
You are solely responsible for the content and the information that you post, upload, publish, link to, display, transmit or otherwise make available (collectively Post) on the Service(s) or transmit to other Users, including in chats, messages, photographs, profile text, whether publicly posted or privately transmitted (collectively, Content). You may not post as part of the Service, or transmit to the Company or any other User (either on or off the Service(s)), any offensive, inaccurate, abusive, incomplete, obscene, profane, threatening, intimidating, harassing, racially or sexually discriminative or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). In addition, you expressly agree not to make available Content or arrange, host, plan or attend meetings or gatherings that, or are designed to:
Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
Advocates harassment or intimidation of another person;
Is intended to defraud other Users of the Service(s);
Promotes information that is misleading or deceptive, false or promotes illegal activities or that is defamatory or otherwise objectionable;
Provides instructional information about illegal activities such as making or buying illegal weapons, drugs, violating someone’s privacy or providing, dissemination or creating computer viruses or other harmful or disruptive codes, components or devices;
Contains video, audio, photographs or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18; or
Provides information or data you do not have right to make available under law or under contractual or fiduciary relationships.
You represent and warrant that all the information you submit upon the creation of your account and profile, including information submitted from your Facebook account, is accurate and truthful and that you will promptly update any information by you that subsequently becomes inaccurate, incomplete, misleading or deceptive or false.
You represent and warrant that all Content you post through the Service(s) must comply with all applicable laws and regulations.
You understand and agree that we may, but are not obligated to, monitor or review any Content you post as part of the Service(s). We may delete, terminate or suspend any Content, in whole or in part, that in our sole judgment is in breach of this agreement and/or may harm the reputation of the Service or the Company.
By posting Content as part of the Service, you grant to Zeep, you grant to Zeep a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, adapt, edit, publish, modify and distribute the Content. This license is for the limited purpose of operating, developing, providing, promoting and improving the Service and researching and developing new ones.
Privacy
By using this Website, you agree to Zeep’s Privacy Policy. To visit Zeep’s Privacy Policy, click here.
Variation to these Terms
Zeep may vary these Terms at any time without notice. Any variation of these Terms will be published here and on the Website.
You accept that by doing this, Zeep has provided you with sufficient notice of the variation.
Severability
If any part or parts of these Terms are held illegal, unenforceable or invalid, that part or those parts shall be severed and the remainder of these Terms will continue to be valid and enforceable.
Prices and Payments
Zeep may receive payment of commissions from service providers, agents and third parties for our services.
General
Zeep is an Australian business owned by Zeep Medical Pty Ltd and these terms are governed by and enforced in accordance with the laws of New South Wales. Although information from Website may be accessible in other jurisdictions, by using the Website, you irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
Reservation of Rights
Any rights not expressly granted to you herein are reserved by Zeep.
