This website is owned and managed by Zhoom.
Zhoom is a web design and online marketing agency based in Darwin, NT, Australia
ABN: 47 662 033 718
Any questions regarding this website should be directed to [email protected]
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under Australia and other copyright laws, and is the property of Zhoom. Copyright 2010, Zhoom ALL RIGHTS RESERVED. No commercial use of this site is permitted. You may use the site for personal, non-commercial purposes only.
Trademarks
All trademarks, service marks and trade names of Zhoom used in the site are trademarks or registered trademarks of Zhoom or affiliate partners of Zhoom.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Zhoom disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Zhoom does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Zhoom does not make any warrantees or representations regarding the use of the materials, booking forms, affiliate products, deals, links or content in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Zhoom shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
Typographical Errors
In the event that a Zhoom product or deal is mistakenly listed at an incorrect price, Zhoom reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Zhoom reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Zhoom shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Zhoom without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Zhoom may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Zhoom.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the Northern Territory of Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Zhoom products or services) shall be in the state or federal courts located in Darwin, Northern Territory, Australia. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Zhoom products) must be commenced within one (1) year after the claim or cause of action arises. Zhoom failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Zhoom may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Zhoom or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Contributing to the site
You agree that all of your contribution to the site is your own work. You license us the non-exclusive, perpetual, irrevocable, royalty-free, worldwide rights to reproduce, communicate, edit, adapt or otherwise use any content you upload to the site, including any feedback that you submit through the site, via third party applications available through the site, on the site and in our other products (your content). This includes the right to sublicense to others at our discretion.
You also consent to your content being altered, edited or adapted for such uses, or to ensure your content does not infringe these terms or breach the law, as we see fit. Although we generally attribute you as the author, it’s not always possible. So you consent to us not attributing authorship to you, or only attributing your registered ‘handle’. We will ask you before publishing your real name.
Prohibited content. You must ensure that your content does not contain anything that breaches any laws or rights, including by:
- defaming any person
- breaching any intellectual property rights
- containing commercial advertising
- containing excessively coarse language or content which would be rated R, RC or X by the Australian Classification Board (see www.classification.gov.au)
If you would like to include someone else’s copyright material, trademark or other intellectual property in your content you must first obtain and keep their written permission.
Participation Disclaimer
Zhoom does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Zhoom is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Zhoom reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Zhoom in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Zhoom, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Zhoom may link to sites operated by third parties. However, even if the third party is affiliated with Zhoom, Zhoom has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Zhoom. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Zhoom seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).