Updates to Terms of Use & Privacy
To reflect the expansion of our services to the non-retail sector, we have amended the Third Party Websites and Tracking your behaviour sections of the T&Cs. In summary: we have amended the T&Cs to specify that Zyft users may now receive pop-up offers from our partners when visiting certain websites; and we have amended the Privacy Policy with updates to what personal information we collect, and how we may use or disclose that personal information.

Zyft Terms and Conditions

These Terms and Conditions apply to your use of our Services, which are owned and operated by Zyft Holdings Pty Ltd ABN 48 629 307 697, trading as Zyft (Zyft, us, we, our).

Subject to these Terms and Conditions, the Zyft App is free and available for download and use via the Apple Store or Google Play Store. The Browser Extension is also free and available for download and use from the Zyft Website, Zyft App (iOS only) or Chrome Store.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN ACCESSING OR USING OUR BROWSER EXTENSION, THE ZYFT WEBSITE, THE ZYFT APP OR PRIOR TO USING OUR SERVICES. YOUR USE OF OUR SERVICES CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS FROM FIRST USE.

IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SERVICES.

Any capitalised terms used have the meanings given at the end of this document.

If you still have questions or comments after reading these Terms and Conditions, please refer to our comprehensive list of FAQs on the Zyft Website here or please contact us anytime at info@zyft.com.

What does Zyft do?

Zyft provides an information and price comparison service that allows you, as a user, to compare prices and features and other attributes of certain Third-Party products based on criteria selected by you. Zyft also provides an information service that allows you, as a user, to be presented with offers from Third-Party services (non-retail).

We do not provide any products or services directly through our Services.

We partner with a number of Third-Party providers across the retail and non-retail market, and their products and services may include (without limitation):

consumer goods and retail offers;
travel-related products and services (e.g. car hire, flights, accommodation, travel insurance);
utilities, subscriptions or digital services;
various other insurance; and
financial, including crypto-related, products or services offered by third parties.

Comparison results for retail products are generated using information provided by our Third-Party participating partners and publicly available information.

Before accessing and using our Services, you should note that:

we do not include or compare all products, services or suppliers available in the market;
we provide general information only, not advice - whilst we may provide information on certain products and services through our Zyft Channels, we do not take into account your objectives, financial situation or needs, and such information should not be relied on at any time as advice;
any price comparisons shown by Zyft are displayed from lowest to highest price that we have found at that time. We may display rankings of relevant Third-Party products and services on a particular Zyft Channel, but rankings do not necessarily represent the best or cheapest product or service for you or any user; and
assumptions, conditions and limitations apply to all comparison results.

Accordingly, you are fully responsible for assessing whether any Third-Party product or service displayed on our Zyft Channel (whether via the Zyft Website, Zyft App, Browser Extension or otherwise) is suitable for you and for seeking independent advice where appropriate.

Acceptance and Acknowledgement

You can access our Services by registering for an Account (where available), or otherwise downloading the Zyft App, Zyft Website or Browser Extension to your Device. Once you accept these Terms and Conditions through an option provided to you on download or once registered for an Account (or you otherwise use our Services), you accept and agree to be bound by these Terms and Conditions.

If you do NOT agree to these Terms and Conditions, you must NOT use our Services or register for an Account (and if you have already registered for an Account you must delete it), and you must immediately stop using our Services and remove our Browser Extension and the Zyft App from your Device.

Our Services are not intended for minors. By using our Services and/or registering for an Account, you represent and warrant to Zyft that you are at least eighteen (18) years of age, that you are residing in Australia, and that you are legally capable of entering into binding contracts. If you are under 18 years of age, you may only use the Services with the authorisation of your parent or legal guardian and you represent and warrant to us that your parent or guardian consents to the registration of your Account, and accepts these Terms and Conditions on your behalf.

You acknowledge and agree that you will only use our Services for personal, non-commercial use, and that you are responsible for ensuring all persons who access or use our Services on your Device(s) are aware of these Terms and Conditions and their obligation to comply with these Terms and Conditions. You further acknowledge and agree that you are solely responsible for your use of our Services, your Device and the Internet.

We recommend that you print a copy of these Terms and Conditions or save them to your Device for future reference.

Security of Your Account

You do not need an Account to use the Services, however if you do not have an Account, you may not be able to access the full functionality of the Services.

You can register for an Account (where available) through the Services by accessing the 'Set up an Account' link on the relevant Zyft Channel, either of the Zyft App, Browser Extension or Zyft Website, and following the steps set out.

To open an Account, you may need to provide to Zyft certain Personal Information, including your full name, date of birth and email address. We require this information to set you up as a registered user of Zyft and to confirm that you are not a minor. Further information on how we collect and handle your Personal Information is set out in our Privacy Policy.

If you consent to provide your mobile phone number to us, we may also use this information to send you transactional SMS updates from time to time. You will have the right to opt-out of any SMS updates or messages at any time. Please be aware that whilst Zyft does not charge any users to send or receive text messages, message and data rates may apply from your mobile carrier and you should contact your mobile carrier to understand more about what rates may apply.

You can view our Privacy Policy for further information on how we use and handle your Personal Information.

You may only register for an Account in your own name, and you must not provide another person's Personal Information or provide false information to register an Account.

Maintaining and protecting the security of your log-in details and Password is very important, as these details can be used to access your Account and all Personal Information and other information that you store on your Account. You must keep your log-in details and Password, and any record of it, confidential and secure it from any unauthorised access, disclosure or use.

You are responsible for all activity on your Account, regardless of whether or not you authorised that activity.

You must immediately notify us of any unauthorised access to, disclosure, or use of your Account, and you must take immediate steps to re-secure your Account in the event of unauthorised access, disclosure or use.

Zyft Licence

In granting you access to the Services, Zyft provides you with a non-exclusive, royalty-free, non-transferable, non-sub-licensable licence to access and use the relevant Zyft Channel for sole purpose of receiving the benefit of the Services. You acknowledge and agree that Zyft may impose further terms or limitations on this licence from time to time. We will provide you with prior written notice of any material terms or limitations that may impact your use of the Services and you will have the right to stop using our Services at any time where you do not agree to the new licence terms or limitations.

Our Functionality

We provide the Zyft Channels to allow you and other users to access information from Third Parties (including Merchants) to support your purchasing decision relevant to a product or service that you wish to acquire. In all cases, if you decide to purchase a particular Third Party product or service using a link available on any Zyft Channel you will be directed to the Third Party, including Merchant's (or their agent's) website or application to purchase your product or service and make payment.

By accessing and/or purchasing products on a Third Party website or application, YOU ACKNOWLEDGE AND AGREE that you are purchasing products or services direct from this Third Party and not from Zyft and that the relevant Third Party's eligibility criteria and terms and conditions will apply to any purchase of a product or service that you complete with that Third Party, including any Merchant. Zyft accepts no responsibility or liability for any purchasing decision that you may make in this regard.

YOU FURTHER ACKNOWLEDGE AND AGREE that (to the maximum extent permitted by applicable laws) Zyft:

is not a reseller, distributor, agent or employee of any Third Party, including any Merchant;
is not liable for the quality, quantity or merchantability of any products or services provided by any Third Party, including any Merchant;
cannot guarantee the accuracy of price or stock information, or that the particular product or service you wish to purchase can be provided to you, as we use Third Party Websites to generate and display product and price information, which are and remain subject to change;
is not responsible for any inadvertent typographical or technical errors, or inaccuracies, or omissions relating to pricing or product or service availability;
is not responsible for any Third Party, including Merchant advertising or other Third Party, including Merchant information or content that you may access using the Services; and
will use best endeavours to display product and service prices on the Zyft Channel which are accurate as the date of publication on the relevant Third Party Website. However, Zyft takes no responsibility for any inaccuracies or incomplete information published on any Third Party Website.

Furthermore, prices displayed may NOT:

include shipping, postage or other related delivery charges; or
take into account any conditional discounts that may apply, including any VIP, loyalty or other membership options available to individuals.

You should therefore always check and verify the applicable price and conditions with the Third Party, either via the Third Party Website or otherwise. To the maximum extent permitted by applicable laws, any responsibility and liability of Zyft in respect of inaccuracies in, or incompleteness of, any prices displayed on the Zyft App, Browser Extension or Zyft Website are hereby fully excluded and disclaimed.

Use of our Services and Zyft Channels

When using our Services, you can:

view special offers and deals offered by a Third Party, including retail and non-retail Merchants;
check the pricing history and current pricing for products and services, and browse product and services information; and
check stock availability of products.

Any information regarding any products or services available through the Services and Zyft Channels is issued by and from the relevant Third Party, including Merchant.

Zyft may receive a commission, advertising or referral fee from a Third Party (including Merchant) when you click on, enquire about or acquire products or services through any Zyft Channel.

Further, the display of offers or pop-ups does not mean that the promoted Merchant or Third Party Partner product is the best, cheapest or most suitable option for you.

To the maximum extent permitted by applicable laws:

while Zyft uses best endeavours to ensure that content on the Zyft Channel (which includes information supplied by a Third Party, including Merchants) is accurate and up-to-date, Zyft does not warrant the accuracy, adequacy or completeness of the content and you should not rely on any information or content made available on the Services, as it may be incomplete, out of date or inaccurate at any time;
Zyft does not guarantee that you, as a user of the Services, will always find the best or cheapest available product or service match and price, and Zyft is not responsible for any lost savings or missed opportunities that you, as a user, may experience if a better product match and/or price is found elsewhere;
prices, discounts, pop-up offers and/or promotions generated through your use of the Services may be subject to change without notice; and
any product or service available on a Zyft Channel, the Services and/or the nature of any Zyft Channel may be changed or withdrawn at any time by Zyft.

You acknowledge and agree that this is a free service offered by Zyft and Zyft (nor any third party) does not charge you any fees for your use of our Services.

Crypto-Related Products and Services

Where a Zyft Channel displays or compares crypto-related products or services, you should note that:

such products and services are offered by third-party providers;
crypto-assets and related products and services may be volatile and involve risk;
the availability and regulatory treatment of crypto-related products and services may change over time, and we may not be able to offer these promotions in the same manner, or at all; and
we do not provide crypto-asset advice or recommendations of any kind.

Providing information to Zyft

You agree that all information provided to Zyft is current, complete and accurate information for your Account and for any use with the functionality of the Services, and to promptly update your Personal Information, including contact information (if it changes) so that we can maintain and manage the provision of Services to you.

Zyft may (but is not obliged to) keep any records or back-ups of the information you give us, or that you may store (in your Account or otherwise) on the Services, and/or that we may provide access to you through the Services. However, you must keep and maintain a separate back-up copy of the information you give to us if you wish to have access to it in a different format or for longer than our usual retention period. Information regarding how long we keep your Personal Information is set out in more detail in our Privacy Policy.

Your Devices

Not all Devices are capable of accessing and using the Services. You are responsible for using, having or obtaining a compatible Device in connection with any access and use of the Services.

You acknowledge and agree that Zyft is not responsible for:

any inability of a Device to access the Services; or
any loss or damage to a Device from your access and/or use or attempted access and/or use of the Services.

Pricing

Prices displayed on any Zyft Channel:

are provided by Third Party providers and may change at any time;
may not include all fees, charges, taxes or optional extras; and
should be confirmed directly with the Third Party provider before purchase.

All payments for products or services that you purchase from the Third Party (including Merchant) provider are processed directly by that relevant Third Party (including Merchant), and not Zyft.

We take reasonable steps to ensure accuracy, but we do not guarantee that pricing information is current or complete. Any price comparisons or savings representations are made on the basis of information available at the time and must not be taken as guarantees.

Tracking your behaviour

When you access or use our Services and/or any Zyft Channel (including the Zyft App, the Browser Extension or Zyft Website), we may collect information about your interaction with the relevant Zyft Channel and our Services, including monitoring and tracking your behaviour and activity. We do this through the use of various technical tracking tools, including cookies, pixels, web beacons, and similar tracking technologies.

This information may include:

your Device type, operating system and browser;
IP address, URL or approximate location;
pages or features accessed, search criteria and comparison activity;
referral sources and interaction timestamps;
your behaviours when accessing a site or platform.

We collect this information for purposes including: (i) operating, maintaining and improving the Services and our Zyft Channels, (ii) enabling core comparison functionality; (iii) measuring usage, performance and audience engagement; (iv) detecting and preventing misuse or fraud and other purposes required by law; and, as applicable (v) supporting relevant marketing and attribution activities. We also collect and use this information for the purposes of tracking your navigation and/or referral data on our Zyft Channel, and using that data to trigger certain marketing and advertising activities of our Third Party Partners, including Merchants.

We may also use analytics on, or engage third party data analytics service providers for, these purposes and we do so to offer relevant information and marketing to you.

If you do not want us to access, collect or use your information for these purposes, please do not continue to use our Services. You may close your Account and in the absence of an Account, uninstall the relevant Zyft Channel (including Zyft App and/or disable the Zyft Browser Extension) from your Device(s).

When we collect and use your personal information (including your IP address, behavioural data and URLs visited) through the use of these monitoring and tracking technologies we will handle it in accordance with our Privacy Policy.

Where required by applicable law, we will also obtain your prior consent before using certain tracking technologies.

Further information on our usage of cookies and other tracking technologies is set out in our Privacy Policy.

Third Party Websites

Zyft may include links to Third Party Websites and offers or promotions offered by third parties through our Zyft Channels. For example, we may display paid advertisements or promotion offers from Merchants - and include hyperlinks to Third Party Websites or Merchant content. These Third Party Partners, including Merchants, may pay us for advertising, referrals or placements, and such commercial arrangements may influence the offers or prompts displayed to you. Further, if you click through from any of our Zyft Channels to a Third Party Website, you may be shown additional promotional offers or pop-ups from our advertising partners.

If you choose to access those Merchant or Third Party Websites or content, you do so at your own risk. We have no control over the content of such Third Party Websites or content, and such sites and content do not form part of the Services. We do not guarantee the accuracy, availability or suitability of any Third Party products or services, including of any Third Party Partners. We exclude all liability and responsibility for any loss or damage you may suffer as a result of your accessing or trying to access any Third Party Website or content. For clarity, any agreement you enter into is between you and the Third Party provider, not Zyft.

Acceptable Use

You agree that when using our Services or any Zyft Channel, you will not, and you will not permit any other person to:

record your password for your Account on your Device or on any article normally carried with your Device and which might be lost or stolen with your Device;
permit any other person to use your Account;
disclose the password relating to your Account or make your Account available to any other person (including a Family Member);
access or use the Services in a manner which could interfere with the Services or the access and use of the Services by other users;
attempt to manipulate or bypass any limitations on the Services including by doing anything that imposes an unreasonable or disproportionately large load on the Services or any network or website connected to the Services;
access or use the Services to transmit or post defamatory, harassing, indecent, offensive, abusive, threatening, inappropriate or unlawful communications, whether by the content of the communication or the manner or frequency of the communication;
do (or omit to do) anything that may jeopardise the security of the Services or access to the Services;
post, distribute or send any spam material or any other form of bulk communication;
resell, sub-license, resupply, provide a bureau service using, communicate or otherwise make available your Account or the Services to a third party;
post to the Services, or any Zyft Channel, or transmit or distribute any code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware or any Trojan, worm or logic bomb;
remove or tamper with any copyright, trade mark or other proprietary notice of ours or any other entity on the Services, or any Zyft Channel;
commit or encourage a criminal offence using the Services, or any Zyft Channel;
use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Services or any content on the Zyft Channel, or use any method or process to consolidate or combine the Services or Zyft Channel content with any other content, data, information, images or material; or
copy, reproduce, translate, decompile, disassemble, reverse-engineer, attempt to derive the source code, modify, vary or otherwise deal with the Services, any computer code underlying the Services or any content on the Services or any part thereof.

Notwithstanding the above, your Device may (depending on its functionality, features and/or settings), and we permit you to, temporarily store copies of the content of our Services including data in respect of products, prices and retailers in RAM in respect of your ability to use the Services, you may store files automatically cached by your browser for display enhancement purposes, you may print or download one copy of a reasonable number of pages of Zyft results for your personal, non-commercial use, and if we provide applications for download you may download a single copy onto your Device solely for your personal, non-commercial use.

Except as otherwise expressly stated under these Terms and Conditions, or as otherwise provided by law, all other use, copying, reproduction, dissemination, modification, adaption, distribution, transmission, republication, display or performance of all or part of a Zyft Channel and/or Services is prohibited. Nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights of any kind.

You will at all times comply with all applicable laws in relation to your access to and use of any and all Zyft Channels and/or the Services.

Availability, Support and Updates

The Services may be hosted, managed and supported by Zyft or by our appointed third party cloud-based provider.

Although Zyft will use commercially reasonable efforts to ensure the Services and access to a Zyft Channel is available 24 hours a day, 7 days per week, the Services or any Zyft Channel may become unavailable or inaccessible from time to time, including for any scheduled maintenance, Updates or as a result of events beyond our reasonable control. This includes any:

failure or default by any of Zyft's third party service providers;
abnormal usage volumes; or
breach of these Terms and Conditions by, or negligence or malicious conduct of you, or some other person.

If that happens, we will (without limiting any of our rights and remedies) use commercially reasonable efforts to overcome the circumstances or mitigate their effects, and to resume full operation of the Services and the Zyft Channel as soon as reasonably practical.

Zyft will take reasonable steps to ensure that information forming part of the Services and Zyft Channels are protected by technical security measures that are consistent with accepted industry standards. We will also take steps to secure your Personal Information from any unauthorised loss, access or disclosure in accordance with applicable laws.

However, you accept that the Internet is not a fully secure environment and that Zyft cannot guarantee that the Services will be secure, error free, uninterrupted or timely or that the Services (including any Zyft Channel or their related servers) are free of viruses, bugs or other malicious or harmful applications or interference.

As such, you acknowledge that you:

provide information to us through the Services at your own risk; and
in relation to your Device, are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements and safeguard your own Device.

We may make Updates to the Services at any time. You acknowledge and agree that the Services may be unavailable for the purpose of us rolling out such Updates. We will use commercially reasonable endeavours to ensure that any Updates will not materially adversely impact your use of the Services.

Notifications

We may provide you with electronic notifications by email, push notification, SMS or other electronic means. Some electronic notifications are mandatory, including security-related notifications, such as when you update your log-in information or Password.

Other types of notifications are voluntary and may be modified through the Services and/or your Account. They may be customised, deactivated or reactivated by you.

Electronic notifications will be sent to the email address you have provided as your primary email address for the Services. You must ensure that you always have a current email address associated with your Account.

Because notifications are not encrypted, we will never include your Password. However, notifications may include your Account login name and some information about your accounts. While you may disable certain voluntary notifications, we may still need to send you Services-related notices to allow us to provide you the Services as contemplated by these Terms and Conditions.

Privacy

Your privacy is very important to Zyft. We may ask you to, or you may provide, Personal Information when you use the Services, including any Zyft Channel. The manner in which we collect, use, disclose and otherwise handle your Personal Information is set out in our Privacy Policy.

Our Privacy Policy explains also how we protect your Personal Information. By providing your Personal Information to Zyft for the Services and by using a Zyft Channel, you acknowledge that Zyft:

collects, uses, and processes your Personal Information in accordance with our Privacy Policy and these Terms and Conditions; and
uses your Personal Information to send you communications electronically for the purposes of complying with our obligations under these Terms and Conditions. You may opt out of receiving these communications at any time by contacting us or by clicking the unsubscribe link located at the bottom of each email, notice, pop-up offer, or other communication that Zyft sends you. You may also request not to receive further pop-up offers or communications by clicking the opt-out or unsubscribe button at the time the offer is presented to you, or by emailing info@zyft.com.

All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Zyft will not send you direct marketing material by electronic communications unless you have given us permission to do so. You have the right to opt-out of electronic marketing at any time. If we send you an electronic communication containing marketing, we will provide you with the option of not receiving further communications of that nature, which you can do by clicking the unsubscribe link located at the bottom of each communication.

If you become aware of or suspect any misuse or loss of, or unauthorised access to or disclosure of, your Personal Information in connection with the Services, you must contact us immediately.

Ownership of IP

Zyft owns everything we have created and developed in providing the Services, including the design, compilation, and look and feel of our Services. We also own or licence all Intellectual Property Rights in the Services including Zyft Channels, including any Updates.

Further, all content on the Zyft Channels (including text, graphics, branding and software relating to the Zyft Browser Extension, Zyft App and Website) is owned by or licensed to us. You may use the Platform for personal, non-commercial purposes only. You must not reproduce or exploit any content on any Zyft Channel without our prior written consent.

You may retain any Intellectual Property Rights in your content and information that you provide to Zyft through the Services and any Zyft Channel. In the event that such rights are retained, in accessing the Services, you grant us a non-exclusive, royalty-free, transferable, worldwide licence to use, and allow our personnel and service providers to use, your Intellectual Property Rights for the purposes of performing our obligations under these Terms and Conditions, provide you with our Services, and to further develop and improve the Services. You warrant that Zyft's use of your Intellectual Property Rights, including of your content, will not infringe any third party's rights (including Intellectual Property Rights).

Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND WITHOUT LIMITING YOUR NON-EXCLUDABLE RIGHTS, THE SERVICES, INCLUDING ALL CONTENT CONTAINED ON ANY ZYFT CHANNEL, INCLUDING THE ZYFT WEBSITE, THE ZYFT APP AND/OR BROWSER EXTENSION, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable laws, Zyft does not warrant and has no liability to any party (including to you) in relation to:

the accuracy, completeness or reliability of information available through the Services as supplied by any Third Party (including Merchants);
any Third Party Websites;
the sale or purchase of any products or services offered by any Third Party (including Merchants); or
services to the extent not provided by Zyft or via a Zyft Channel.

Liability

Notwithstanding any term that may be interpreted to the contrary, nothing in these Terms and Conditions excludes or attempts to exclude your Non-Excludable Rights as a consumer under the Australian Consumer Law.

To the maximum extent permitted by applicable laws, if any Non-Excludable Right is imposed and Zyft is able to limit its liability, then you acknowledge and agree that our liability to you for any Loss arising out of, as a result of your use of the Services will be limited to:

as applicable: (i) supplying the affected Services (or part) again; or (ii) paying the cost of having the Services (or part) supplied again.

You also agree that to the maximum extent permitted by applicable laws, we are not liable to you for any Consequential Loss arising out of, or in connection with, your access to or use of the Services.

Termination

Subject to providing prior written notice to you, but without limiting our other rights and remedies, we may limit, suspend and/or terminate your access and use of the Services, including any Zyft Channel, if we consider that you have breached or caused a breach of these Terms and Conditions.

We will aim to provide you reasonable prior notice where we need to suspend or limit access to the Services, or Zyft Channels at any time to carry out any scheduled maintenance to, or Updates of, the relevant Zyft Channel (including the Browser Extension, the Zyft App and/or Website) or our Services. You acknowledge that in some cases, such as in an emergency maintenance situation, we may be unable to provide such prior notice.

You may terminate your use of the Services at any time without notice to us by deleting your Account, immediately stopping your use of our Services or any Zyft Channel, including by uninstalling the Zyft App, removing the Browser Extension from your Device and/or refraining from accessing the Zyft Website.

Entire Agreement

In the event that any provision of these Terms and Conditions is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms and Conditions, but that will not affect the validity and enforceability of any of the remaining provisions.

If we fail or delay in the exercise or enforcement of any right or provision of these Terms and Conditions, that will not amount to a waiver of that or any other right or provision.

These Terms and Conditions constitute the entire agreement and understanding between you and us, and govern your access to and use of the Services and each Zyft Channel (including the Zyft Browser Extension, the Zyft App, Zyft Website). These Terms and Conditions also supersede any prior or contemporaneous agreements, communications or proposals, regardless of whether they were oral or written, between you and us (including any prior versions of these Terms and Conditions).

Governing law

These Terms and Conditions (including any non-contractual dispute) shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in the State of Victoria.

Changes to these Terms and Conditions

We may update, change or replace any part of these Terms and Conditions from time to time. In the event of any material changes to the Terms and Conditions, we will take reasonable steps to notify you either via your Account (where set up), by email or your preferred communication method.

You should check the Zyft Website and/or the Zyft App periodically for changes. Your continued use of the Services and Zyft Channel after these Terms and Conditions have been changed will be taken as acceptance of such changes.

Definitions

In these Terms and Conditions:

ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations, as amended, updated or replaced from time to time;
Account means your own personal account set up for use on a Zyft Channel for use with the Services, and which may contain Personal Information;
Browser Extension means the Zyft Website browser extension for use through a communication network to enable you to compare prices across Third Party Partners, including Merchant products and services;
Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential Loss of any kind, as well as business interruption Loss, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and Loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data);
Device means the device you use to access the Services, including a computer, tablet and/or mobile phone on which you have downloaded the Browser Extension, the Zyft App, or on which you have accessed the Zyft Website;
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including moral rights to be identified as the author of content posted on the Zyft Channel), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same;
Loss means any damage, loss, cost, expense or liability whatsoever and however it arises, present or future, fixed or unascertained, actual or contingent and includes all reasonable legal costs and expenses;
Merchant means a third party provider that buys and sells retail and non-retail products and services through its online e-commerce platforms;
Non-Excludable Rights means the lawful rights, consumer guarantees, warranties and remedies relating to the Services and operation of a Zyft Channel that cannot be excluded, restricted, qualified or modified under the ACL;
Personal Information has the meaning set out in the Privacy Act;
Privacy Act means the Privacy Act 1988 (Cth) including the Australian Privacy Principles, together with all codes of conduct, statutory codes and regulatory guidelines applicable to the protection and handling of Personal Information in Australia, as each are amended, updated or replaced from time to time;
Services means the price and other feature comparison and information services offered by Zyft from time to time (including the display of paid advertising and pop-up offers from Third Party Partners), through the use of any Zyft Channel, but excluding always the provision of products and services advertised or published on a Zyft Channel, the responsibility for which remains always with the Third Party Partner;
Third Party Partner means a commercial third party partner of Zyft, including a Merchant, for whom Zyft provides paid advertising services, including the promotion of pop-up offers for a fee or commission on Third Party Websites nominated by the Third Party Partner;
Third Party Website(s) means any website(s) operated by a commercial third party, other than Zyft;
Update means an update, maintenance, addition or removal of any features or functionality, redesign, improvements, new versions, or any modifications to any of the Zyft Channel or Services;
Zyft App means the Zyft application, available for download through the Apple App Store and Google Play Stores, that allows you to search for products, scan product barcodes or share product URLs of Third Party providers, including Merchants to enable you to compare prices across Zyft-approved Merchant websites, Apps and other available Merchant channels;
Zyft Channel means any of the Browser Extension, Zyft App or Zyft Website accessible to you, as user (and Zyft Channels means all of them); and
Zyft Website means the website owned and operated by Zyft as located at zyft.com.

Last updated: April, 2026