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).
Zyft was designed to revolutionise the way you shop online by providing instant price comparison results, including stock availability and price history, from over 35,000 Australian retailers and over 1 million products.
The Browser Extension is free and available for download and use from the Zyft Website, via the Apple Store and Chrome Store, subject to these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN ACCESSING OR USING OUR BROWSER EXTENSION, THE ZYFT WEBSITE, OR PRIOR TO USING OUR SERVICES. IF YOU DO USE OUR SERVICES WE WILL ASSUME YOU HAVE ACCESSED AND ACCEPTED THESE TERMS AND CONDITIONS.
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 https://help.zyft.com/ or please contact us at email@example.com.
By registering for an Account (where available), downloading the Browser Extension to your Device, accepting these Terms and Conditions through an option provided to you or otherwise using our Services, you accept and agree to be bound and abide 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 from your Device.
Our Browser Extension and/or 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 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.
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 Zyft Browser Extension or 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. If you consent to provide your mobile phone number to us, we may 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 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.
The security of your Password is very important, as it can be used to access your Account and all Personal Information and other information that you store on your Account. You must keep your Password, and any record of it, confidential and keep it secure from any unauthorised access 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 or use of your Account, and you must take immediate steps to re-secure your Account in the event of unauthorised access or use.
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 Browser Extension 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.
Zyft is a price comparison service and does not itself provide any products through the Services.
We provide the Services as a platform to allow you and other users to access information from third parties (including Merchants) to support your purchasing decision relevant to a product. In all cases, if you decide to purchase a particular product using a link available on the Browser Extension or Zyft Website you will be directed to the Merchant's (or their agent's) website to purchase your product and make payment.
By accessing and/or purchasing products on a Merchant website, YOU ACKNOWLEDGE AND AGREE that you are purchasing products direct from these Merchants and not from Zyft and that the relevant Merchant's eligibility criteria and terms and conditions will apply to any purchase of a product that you complete with that Merchant.
YOU FURTHER ACKNOWLEDGE AND AGREE that (to the maximum extent permitted by applicable laws) Zyft:
Any information regarding any products or services available through the Services is issued by and from the relevant Merchant. You further acknowledge and agree that (to the maximum extent permitted by applicable laws):
You agree to provide 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.
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:
All payments for any products or services that you purchase on the Merchant site are processed directly by the relevant Merchant.
For your convenience, Zyft may include links to Third Party Websites on the Services. For example, Merchants may include hyperlinks to their Third Party Websites or their content. If you choose to access those 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 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 (including Merchant) Websites or content.
You agree that you will not, and you will not permit any other person to:
Notwithstanding the above, your Device may temporarily store copies of the content of our Services in RAM incidental to 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 the Zyft Website and Services is prohibited. Nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights of any kind.
You acknowledge that 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 them are available 24 hours a day, 7 days per week, the Services may become unavailable or inaccessible from time to time for any scheduled Updates or as a result of events beyond our reasonable control, such as:
If that happens, we will use commercially reasonable efforts to overcome the circumstances or mitigate their effects, and to resume full operation of the Services as soon as reasonably practical.
Zyft will take reasonable steps to ensure that the Services are subject to security measures that are consistent with accepted industry standards and to secure your Personal Information from any unauthorised loss, access or disclosure. 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 (or their related servers) are free of viruses, bugs or other malicious or harmful applications or interference.
As such, you acknowledge that you:
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.
We may provide you with electronic notifications by email, push notification 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. 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. Anyone with access to your email will be able to view the content of these notifications. While you may disable certain voluntary notifications, we will still send you Services-related notices as needed to allow us to provide you the Services.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For clarity, this section is subject to Zyft's obligations regarding email communications in Australia.
Zyft will not send you direct marketing material by electronic communications unless you have given us permission to do so. You have the right 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 let us know immediately.
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 of all Intellectual Property Rights in the Services, including any Updates.
You retain any Intellectual Property Rights in your content and information you provide to Zyft through 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, and to further develop the Services. You warrant that Zyft's use of your Intellectual Property Rights will not infringe any third party's rights (including Intellectual Property Rights).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND WITHOUT LIMITING YOUR NON-EXCLUDABLE RIGHTS, THE SERVICES, INCLUDING ALL CONTENT CONTAINED ON THE ZYFT WEBSITE 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:
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 ACL.
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:
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.
Subject to providing prior written notice to you, we may limit, suspend and/or terminate your access and use of the Services due to your breach of these Terms and Conditions. We may also suspend or limit access to the Services at any time due to our requirement to carry out Updates to the Browser Extension and/or Website or our Services and we will aim to provide you with prior notice of these Updates, where feasible to do so.
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, and/or removing the Browser Extension from your Device.
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 Browser Extension, Zyft Website and the Services. 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).
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.
We may update, change or replace any part of these Terms and Conditions from time to time and we will post all changes on the Zyft Website. 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 Browser Extension periodically for changes. Your continued use of the Services after these Terms and Conditions have been changed will be taken to be acceptance of such changes.
In these Terms and Conditions:
Last updated: 24 March 2023