Please read through the following terms and conditions (“Terms”) carefully as they govern the use and access to the website www.zestlifewear.com (“Website”) and the purchase of any product/s.
Reference to “Zest Lifewear”, “we”, “us” or “our” is a reference to Zest Lifewear or any of its related bodies corporate.
- Use of Website
You must only use the Site in accordance with these Terms and Conditions and any applicable law.
You must not (or attempt to):
- Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) the Site or the servers or networks that host the Site.
- Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the Site.
- Interfere (or attempt to interfere) with security-related or other features of the Site.
To place Orders and access some features of the Site, you must register an Account with us. To register an Account, you must:
- Give us accurate and current personal information including your name, address, and a valid email address.
- You must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us.
You are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account if you fail to keep your Account login information secure. We may refer fraudulent or abusive or illegal activity to the relevant authorities.
You must not use another person’s Account without our, and/or the other person’s, express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your Account (including by changing your password).
We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content or security of any other website linked to from our Site.
You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
- In a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
- In a way that is illegal or unfair.
- Intellectual Property
Except in relation to Submitted Material (defined further below), all intellectual property rights, in the Website, the Services and all components of it are controlled, owned or licensed by us. You are not permitted to use or copy any trademarks, logos, service names or trade names appearing on the Website.
This Website and all of its contents is owned, controlled or licensed to us and is protected by copyright, patent, trademark, design and/or other laws.
All rights are reserved.
Except to the extent permitted under Australian statutes, no material or content from this Website or part thereof may be copied, reproduced, mirrored, linked, publicly displayed, encoded, translated, republished, uploaded, posted, transmitted, or distributed in any way, without our prior written permission.
You may use this Website and its contents for personal lawful purposes only and you agree that you do so entirely at your own risk. You must not use this Website or its contents for:
- Commercial purposes without our prior written permission.
- In or as a whole or part of your own trademarks.
- In connection with activities, goods or services which are not ours.
- In a manner which may be confusing, misleading or deceptive.
- In a manner that disparages us or our information, goods or services (including this Website).
Permission requests can be provided using the 'Contact' section of this Website.
- Terms of Sale
By placing an Order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please refer to our Shipping & Returns page.
- Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and received by us.
- Product Descriptions
In describing the products available to purchase online, Zest Lifewear attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of any are accurate, complete, reliable, current, or error-free. If a product offered by Zest Lifewear itself is not as described, your sole remedy is to return it in unused condition. Refer to our Refunds & Returns information here.
- Refunds and Returns
Zest Lifewear does not take title to returned items until the item arrives at our designated centre. At our discretion, a refund may be issued without requiring a return. For more information about our returns and refunds, please see our Returns page
- Limitation of Liability
Subject to your rights under the Australian Consumer Law, you understand and agree that:
- Neither Zest Lifewear, or its affiliates, directors, officers, employees, agents, contractors, successors or assignees will be liable for any damages, costs, loss or liability arising or in any way related to the use of this Website and/or any other site linked to this Website unless Zest Lifewear has acted in breach of the Terms.
- This limitation applies to all and any direct, indirect, consequential, special, exemplary, punitive or other damages or liability that you or others may suffer, as well as damages for loss of profits or revenue, legal costs, loss of use, business interruption, loss of information or data and whether arising in contract, under statute, tort or otherwise; our liability in respect of any non-excludable warranties, guarantees or conditions relating or arising from the Website, is limited to the resupply or repair of the relevant good or service or paying you the reasonable cost of doing so, and where permitted under law, at our discretion; and
- To the extent permitted by law, we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Website.
- We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature;
- You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
- It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements.
- We do not accept and hereby exclude any Liability, including any claims relating to the Zest Lifewear Website and Zest Lifewear products or services, other than any such Liability arising pursuant to the provisions of these Terms and Conditions.
To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our products and services, or these Terms and Conditions.Our total Liability under any Contract shall in no circumstances exceed:
- In the case of Products, the replacement of the Products or the supply of equivalent Products, the repair of the Products, the payment of the cost of replacing the Products or of acquiring equivalent Products, or the payment of the cost of having the Products repaired; or
- In the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your breach of any law or the rights of a third party.
- Your Account and Password
You may not have more than one active membership on the Website whether through a pseudonym, email address or other means. You can update, edit or terminate your membership at any time but you cannot transfer your membership. You are responsible for ensuring your details are correct and current and for maintaining the confidentiality and secrecy of your password.
- Access and communication
We use reasonable efforts to ensure the integrity of the Website by using malware checking software. However, we do not and cannot guarantee or promise the delivery, safety or security of communications over the internet, the Website or your computer systems.
We do not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Website unless it was directly and solely caused by us.
- Products and Purchasing
This Website is designed for purchases by individuals for personal use, and you agree not to use it for commercial purposes.
Zest Lifewear reserves the right to refuse any order which it reasonably considers is for commercial use or sale or where a product is not in stock. While we take reasonable precautions to ensure that the price and details of products listed are correct, if they are incorrect or we are out of stock and we can’t agree on how to resolve the issue, we reserve the right to cancel the order and refund any amount charged.
Any orders received by Zest Lifewear through this Website constitute offers and are subject to acceptance or rejection by Zest Lifewear in its discretion after receipt in Australia. Once an order has been placed by you, accepted by us and payment received, the order cannot be cancelled by you.
Title in any goods purchased by you through this Website does not pass to you until payment has been received in full. Risk of loss or damage to goods passes to you upon dispatch from our premises.
We do not guarantee the availability of any products advertised on the Website.
Prices are inclusive of goods and services tax. If you require delivery of goods outside of Australia, you will become the importer and liable to pay for all taxes, duties and charges imposed or levied. You should note that some countries have import restrictions on certain products or materials. If you are outside Australia, you will be responsible for checking whether such restrictions apply before placing an order.
Zest Lifewear terms and conditions relating to shipping is set on Zest Lifewear's website at the Shipping & Returns page.
Payment can be made by Credit Card or PayPal. Credit Card transactions are processed through the Commonwealth Bank Australia Secure Payment Gateway. PayPal transactions are processed through PayPal. Your card or account details are not disclosed to us and are not stored in our database. You agree that processing of payments are beyond the control of Zest Lifewear and indemnify Zest Lifewear from any liability relating to payments processing and payment information which you have provided.
- 3rd Party Service Providers
In order to provide the Website and other services to you, we use and need the assistance of a number of 3rd party service providers. As such, the provision of this Website and our services is subject and conditional upon the provision of the various services by 3rd parties. You agree to be bound by the relevant 3rd party service provider’s terms and conditions of supply.
- User Content Submissions
The Website contains facilities for exchange of information with other users of the Website “Forums” and “Blogs”. In using, and contributing material to Forums and Blogs, you must comply with these Terms and all policies, guidelines and directions published by Zest Lifewear from time to time.
Zest Lifewear is not responsible for the accuracy, completeness or suitability of any information provided by users of the Website, you need to take care before relying on or making decisions based on that information. The information is not produced, approved or promoted by us. You agree to exercise appropriate judgment in obtaining or using information from the Website, including ascertaining the currency of information.
Zest Lifewear does not and cannot review all communications and materials posted to or created by users accessing the Forums and it excludes all liability in respect of the content of these communications and materials. If you have a complaint regarding any material displayed in a Forum, Blog or otherwise communicated through the Website, Zest Lifewear’s sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular material.
- Zest Lifewear’s License to use Submitted Material
By uploading material to any Forum, Blog, or otherwise submitting any material through the Website (“Submitted Material”), you automatically grant (or warrant that the owner of such materials expressly grants) Zest Lifewear a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. Without limiting the foregoing, you agree that Submitted Material may be used by Zest Lifewear for purposes including (without limitation) marketing, research and development of goods and services.
To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Zest Lifewear, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
You warrant that any Submitted Material contributed by you will not infringe the intellectual property rights of any third party, breach any obligations of confidence or any other law or regulation relating to the Submitted Material.
Zest Lifewear reserves the right to block or immediately remove communications or Submitted Material that it considers are or may be in its sole discretion:
- Abusive, defamatory, or obscene;
- Fraudulent, deceptive, or misleading;
- In violation of a copyright, trademark or other intellectual property right of another;
- In violation of any law or regulation; or
- Offensive or otherwise unacceptable to Zest Lifewear.
- Prohibited Uses
In using the Website and Services you must not:
- Engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other merchants;
- Impersonate or falsely claim to represent a person or organisation;
- Defame, abuse, stalk, harass, threaten or otherwise violate or infringe the rights or legal rights of others, including without limitation, rights relating to privacy, intellectual property or publicity;
- Post, link to, frame or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful;
- Post, link to, frame or otherwise distribute any information, material or item which contains a virus, trojan, worm or other harmful or disruptive component;
- Link to any part of the websites or frame or use any framing techniques to capture any part of the Website; or
- Use any robot, spider, screen scraping or data mining technologies or any software, programme, algorithm, methodology or any other automated or manual data gathering or extraction tools to obtain, copy, collect or harvest any data, information or content found on the Website, or use any manual process to copy the Websites or content contained thereon;
- Access and/or or attempt to access any part of this Website you are not authorised to, including by passing network firewalls; or
- Attempt and/or modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website, including automated tools.
- Your acceptance
You agree to be bound by these terms by using, accessing or browsing any part of this Website, including through communicating with Zest Lifewear and participating in any Zest Lifewear forums, promotions, subscriptions, purchases, specials and/or programs (“Services”).
- General disclaimer
You should be aware that the information on this Website and these Terms are subject to change.
We recommend that you read these Terms each time you access the Website and definitely before you place future orders. The information on this Website and/or these Terms may be different and will apply to your use or order/s.
For clarity, the Terms that are in place at the time you place an order will apply to that order.
- Force majeure
We shall not be liable for any breach of our obligations under these Terms and Conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
Zest Lifewear may at any time immediately terminate your membership or access to the Website at any time in its sole discretion and with prior notice if reasonable in the circumstances. You may at any time terminate your membership or access to the Website at your sole discretion and with prior notice if reasonable in the circumstances.
The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
- Consent To Receiving Commercial Electronic Messages
If you express interest in goods or services through your use of this Website, you consent to us sending commercial electronic messages (including messages about our products and services and the products and services of third parties) to electronic addresses which you have provided to us.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision. Where a provision or part of a provision is held to be void or unenforceable, such provision or part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the Terms and so that the remaining Terms remain in full force and effect.
- Applicable Laws
This policy is governed by the laws in force in Queensland, Australia and you submit to the exclusive jurisdiction of the courts of Queensland, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms & Conditions, Zest Lifewear's products or services, or the Zest Lifewear Website.
- Contacting us
Zest Lifewear welcomes your comments regarding these Terms & Conditions. If you have any questions and would like further information, please contact us via the Contact page on our website.
Yay – now that you’ve had your cuppa it’s down to the best part – the shopping!