Legal & Conveyancing ZipID App terms of use

Last updated 1 December 2016


Welcome to ZipID.

By using the ZipID App (“Service”) provided by Veda Advantage Information Services and Solutions Pty Limited ABN 26 000 602 862 (“Veda”, “we” or “us”) you accept these terms of use (“Agreement”).

1. The Service

1.1 The Service is provided for the sole purpose of enabling an authorised registered user (“you”) to conduct and capture in-person ID checks of your clients (“Approved Purpose”). You must not use the Service for any other purpose (“Excluded Activity”).

1.2 You are responsible for your own use of the Service including the accuracy, reliability and completeness of data you input and capture using the Service.

1.3 We reserve the right to modify or enhance the Service at any time on notice to you.

2. Licence

2.1 We grant you a personal, limited, non-exclusive, revocable, non-transferable licence to access and use the Service solely for the Approved Purpose in accordance with this Agreement.

2.2 All intellectual property rights, including patents, trade marks and copyright in relation to the Service (and its components, outputs and updates) are held by us. You are being granted solely a revocable, limited license, in compliance with these terms. All rights not granted to you in this Agreement are expressly reserved by us.

3. Representations and Warranties

3.1 You represent and warrant to us that:

  1. the details you have provided in connection with your registration to use the Service are true, correct and current and you will notify us of any change to your provided details.
  2. you are eligible to use the Service and have the right, power, and ability to enter into this Agreement.

3.2 You agree that:

  1. you will resolve any dispute or complaint in relation to your conduct of the Approved Purpose directly with that person/s;
  2. in using the Service you will comply with all and any laws and regulations applicable to you and/or your business including without limitation privacy laws;
  3. you will not use the Service, directly or indirectly, for any fraudulent undertaking, any Excluded Activity or in any manner so as to interfere with the operation of the Service;
  4. you will not use the Service to transmit or authorise the transmission of any personal information without the consent of your client or without you having the authority to deal with the recipient; and
  5. you will not modify the Service or any data captured, downloaded or submitted using the Service.

3.3 To the maximum extent permitted by applicable law, the Service is provided without us giving warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, we do not warrant that the Service, or its components or outputs, are accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected, or that the Service is free of viruses or other harmful components. Any content downloaded, generated or otherwise obtained through the use of the Service is downloaded, generated or obtained at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.

4. Your account

4.1 You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your password and other account information confidential. We are entitled to act on instructions received under your email address and password.

4.2 You agree to pay all charges for the Service at the cost stated at the time you purchase the Service. Charges for the Service may be updated from time to time and any increase in the Service price will be posted on the online portal. Should you not agree to the new price for the Service, you are not required to continue use of the Service after the price has changed.

5. Indemnity

5.1 You will indemnify, and hold us and our related bodies corporate harmless from and against any and all costs, losses, damages, judgments, and expenses including, without limitation, reasonable legal fees but excluding indirect, punitive, consequential or exemplary damages or losses (Loss) arising out of any claim, action, or other proceeding instituted by a person or entity that arises out of or relates to any breach of your obligations set forth in this Agreement. This indemnity does not include any Loss to the extent it is caused or contributed to by us our related bodies corporate and we agree that we must act reasonably to mitigate any Loss claimed under this indemnity.

6. Limitation of Liability

6.1 To the maximum extent permitted by applicable law, in no event shall Veda or any of our related bodies corporate (or their respective affiliates, agents, directors, and employees) be liable for any indirect, punitive, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, inability to use, unavailability, suspension, or termination of the Service. Under no circumstances will you, Veda or any of our related bodies corporate be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your account, or the information contained therein.

6.2 To the maximum extent permitted by applicable law, Veda and its related bodies corporate (and their respective affiliates, agents, directors, and employees) assume no liability or responsibility to you for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (ii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service, or (iv) any bugs, viruses, trojans, or the like that may be transmitted to or through the Service by any third party.

6.3 To the extent permitted by law and without prejudice to your rights under consumer law, Veda’s total liability to you for all loss or damage suffered or incurred by you arising out or in connection with this Agreement, whether in contract, tort (including negligence) at law or otherwise, will not exceed $1,000.

6.4 Subject to law, if a guarantee applies to the Services which by law, cannot be excluded or varied but liability for breach of which can be limited, Veda limits its liability to you for any such breach (at Veda’s election) to the re-supply of the Services, or payment of the cost of re-supplying the Services

7. Termination

7.1 You may terminate this Agreement at any time by notifying us to close your account. After closing your account, you will not be entitled to use the Service.

7.2 We may terminate this Agreement for any reason without liability and without prior notification by notice in writing to you, including but not limited if: (i) you have breached the terms of this Agreement; (ii) you provide any inaccurate, false, incomplete or misleading information with respect to this Agreement, or (iii) we have reasonable grounds to believe that you are engaged in an illegal or fraudulent activity or conduct or you use the Service in relation to an Excluded Activity.

8. Assignment

8.1 You cannot assign or otherwise transfer right and obligations under this Agreement without our express written consent. We shall be entitled without restriction and without and notice to you to assign or otherwise transfer rights and/or obligations under this Agreement.

9. Changes

9.1 We will post any changes to this Agreement to your account in our online portal. Your ongoing use of the Service constitutes your acceptance of any changes. If you do not agree with any changes you may discontinue use of the Service and close your account.

10. Governing Law and Jurisdiction

10.1 This Agreement is construed and shall be governed by the laws of New South Wales. Any disputes arising out or in relation to this Agreement shall be resolved by regular courts in New South Wales and the parties submit to the non-exclusive jurisdiction of New South Wales.