Welcome to Zeroda, a website (“Site”) owned and operated by Empire Road Pty Ltd ACN 155 217 628 trading as Zeroda (“Zeroda“) (“We, Us, Our”).

The Site and all content is operated and owned by Zeroda.

Your use of the Services (as described below) and your purchase of Products via the Site are governed by the terms and conditions set out below (“this Agreement”). This Agreement is an agreement between you and Zeroda to supply Products to you and to use the Site and forms a binding legal agreement between you and Zeroda. You should read the terms and conditions of this Agreement carefully.

Zeroda reserves the right to amend the terms of this Agreement from time to time and by continuing to use the Site, you are deemed to agree to the then current terms of this Agreement. Zeroda will not notify you of these variations and it is your responsibility to check these terms each time you use the Site.

An agreement exists once Zeroda accepts an Order from you which occurs when your Order and payment is processed via the Site.

WITHOUT LIMITING THE WAY IN WHICH YOU MAY BE BOUND BY THIS AGREEMENT, BY CLICKING THE “ACCEPT AND AGREE” BUTTON ON YOUR COMPUTER SCREEN INDICATING YOUR REVIEW, UNDERSTANDING AND KNOWING ACCEPTANCE OF THIS AGREEMENT, YOU ARE ACCEPTING AND AGREEING TO KNOWINGLY AND WILLINGLY (I) ENTER INTO THIS AGREEMENT WITH ZERODA, AND (II) BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. YOU SHOULD NOT CLICK THE “ACCEPT AND AGREE” (OR SIMILAR BUTTON) BUTTON AND YOU SHOULD IMMEDIATELY CEASE YOUR USE OF THIS WEBSITE, IF YOU DO NOT KNOWINGLY AND WILLINGLY ACCEPT AND AGREE TO (I) ENTER INTO THIS AGREEMENT WITH ZERODA, AND (II) BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT.

1. THE ZERODA SERVICE
1.1 Zeroda will provide you with the following (“Services”):

• (a) A payment facility to enable you to pay for Products on the Site.
  (b) The provision of a electronic receipt in respect of the payments you make.
  (c) The supply and delivery to you of Products which you have purchased to the Delivery Address, as stated in your Order.

1.2 The above Service constitutes Zeroda’s only obligations to you in respect of the supply of Products using the Site.
1.3 Zeroda may refuse to sell or supply any Product to you in its sole and absolute discretion including, without limitation, if you use the Service or the Site in an illegal, fraudulent, offensive or unethical manner or make any use of the Service or any resource belonging to Zeroda or its affiliates which in Zeroda’s sole opinion is likely to bring Zeroda or its affiliates into disrepute or to impact the use of the Service by Zeroda’s other customers.

2. USE OF THE SITE
2.1 You may only use the Site for personal purposes only, unless Zeroda provides its prior written consent.
2.2 You are responsible for the safekeeping of your user name and password to access the Site. You will be solely liable for any misuse of your account by any person. If you suspect your account details have been compromised, you must change your password immediately.
2.3 You indemnify Zeroda, its related entities, employees, officers and agents against any loss or damage you suffer or incur as a result of any order being processed by Zeroda which was submitted by an unauthorised user of your account.
2.4 You must not:

• (a) by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Site or any content contained on the Site;
  (b) breach the security of the Site or make any unauthorised modifications to the Website;
  (c) interfere with any other persons use of the Site;
  (d) post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;
  (e) use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Site, or to reproduce or separately store or use such content;
  (f) use the Site in any way that is unlawful, illegal or breaches the rights of Zeroda or any third party; and
  (g) use the Site in any way that otherwise breaches this Agreement.

2.5 Where the Site contains links to other web sites controlled by third parties (“Third Party Websites”), Zeroda is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites. Zeroda makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

3. CONDITIONS OF SALE
3.1 The following conditions apply to the sale of any Products:

• (a) Products must be paid for by credit card or other alternate payment methods offered by Zeroda from time to time. A purchase will not be processed unless you completely and correctly provide all information requested by Zeroda at the time of purchase.
  (b) In addition to the price you pay for Products, you may be required to pay certain fees and charges which Zeroda imposes from time to time including, without limitation, delivery or handling charges.
  (c) GST and other taxes (“Taxes”) may apply to the purchase/payment of Products. Unless otherwise stated at the time of payment, the prices of Products will be exclusive of such Taxes and you will need to pay such Taxes in addition to the purchase price payable at checkout.
  (d) There is no refund, exchange or return on any Product, except as required by law and as otherwise specified by Zeroda. If a refund is made, Zeroda may, to the extent permitted by law, retain any fees and charges which Zeroda has charged you.
  (e) Transactions on the Zeroda Site may only be conducted in currencies which Zeroda determines to accept from time to time.

4. ORDERS & PRICING
4.1 The information you provide Us when placing an Order via the Site must be and must be kept accurate and complete at all times. You must inform Us of any change to your details or address.
4.2 If charged by Zeroda, you must pay any EFTPOS or credit or debit card processing fees in addition to fees for Delivery and the price of the Products.
4.3 Zeroda may offer specials or discounted prices for the Products on the Site from time to time for periods of time it determines in its sole discretion.
4.4 The total price payable in respect of Prodcts ordered using the Site will be charged at the price published on the Site at the time your Order is submitted and which appears on your Order confirmation.
4.5 You will not be charged for Products ordered that are out of stock. Zeroda doesn’t provide rainchecks on Products orderd by you that are out of stock. Zeroda will use all resaonable efforts to try to ensure that all Products you order are supplied. Zeroda can limit sales to reasonable or normal household quantities.
4.6 Any errors in pricing will be amended by Zeroda upon Us becoming aware of same. We reserve the right to amend the pricing displayed on the Site for any reason. Zeroda will inform you of any errors in pricing as soon as practicable after becoming aware of same and you may elect not to proceed with your order where any correction results in an increase to the price of the Products ordered.
4.7 Before or upon delivery of the Products to you, We will provide you with an electronic tax invoice with the total price for the Products, including credits applied and any other applicable fees and charges.
4.8 At the time you place the Order, you’ll be required to select your payment method being online payment by credit or debit card. Unless otherwise agreed, in order to receive the Products you order, payment must be received by the selected payment method.

5. DELIVERY & RECEIPT OF GOODS
5.1 Where required by Us, you must pay a fee for Delivery for each Order you make via the Site. For details on shipping and delivery, click here.
5.2 Zeroda will deliver your Order to you at the Delivery Address you provide Us within a reasonable time. If delivery will be delayed, We will inform you as soon as practicable.
5.3 Zeroda will deliver your Order to the Delivery Address, as specified by you when using the Site. You continually indemnify Us and hold Us harmless (including our officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods to you at the Delivery Address provided. ‘Loss’ means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.
5.4 Zeroda or its agents, contractors or employees may at their sole discretion (and only in respect of couriered deliveries), decide not to deliver Products at the Delivery Address where it reasonably believes that they are likely to be stolen or damaged at such Delivery Address. In this case, We will contact you to arrange alternative delivery options.
5.5 For standard deliveries, anyone at the Delivery Address who receives the Products shall be presumed by Zeroda to be authorised to receive the Products.
5.6 You are deemed to have accepted the Products upon delivery at the Delivery Address. If you wish to dispute the contents of the delivery please contact Us at [email protected] during standard operating hours as soon as possible after receiving your delivery.
5.7 Unless you instruct us to leave the Products at the Delivery Address, if there is no one at the Delivery Address to receive the Products, they won’t be left at the Delivery Address and a note will be left for you with further instructions for re-delivery or collection.

6. RISK AND TITLE IN THE PRODUCTS
6.1 Risk and title in the Products passes to you upon delivery of the Products at the Delivery Address.

7. CREDITS AND REFUNDS
7.1 You can make a claim for a refund or credit if:

• (a) you believe that Products you paid for were not provided; or
  (b) there is a fault or defect with the Products you purchased.

7.2 Email Us at [email protected] to lodge your claim. We’ll assess your claim and will be happy to offer a credit or refund for any missing or faulty Products.
7.3 For Product fault claims, we may need to inspect the Products before making an assessment, therefore please keep them until we advise they can be discarded.
7.4 Credit for the value of any Goods that are validly sent back, where applicable, or credits applied for any other reason in the sole discretion of Zeroda, will be applied to your next Order provided the Order is worth more than the credit. Online credit is valid for one (1) year from the date of issue.
#guarantee7.5 Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. Regardless of anything in this Agreement, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You’re also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

8. DAY MONEY BACK GUARANTEE
8.1 If you are not satisfied with Zeroda Sports Wash, you can notify [email protected] within 30 days of taking delivery of Your product to request a refund.
8.2 To qualify for a refund under the money back guarantee, you will need to complete the returns form that will be emailed to you, together with a copy of your invoice.  Refunds will only be paid back in to the original purchasing account. Refunds will be made within 30 days of receipt of the completed form and purchase invoice.

9. INTELLECTUAL PROPERTY
9.1 You acknowledge that Zeroda or its related entities own or are licensed to use all Intellectual Property Rights in Zeroda, including any images, photographs or text that appears on the Site. You must not make any representation to the contrary and you must not use or copy the Site in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Site are owned by or licensed to Zeroda or its related entities, and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.
9.2 All Content on the Site is owned, controlled by, or licensed to Zeroda. Except for viewing the Content for your own personal non-commercial use, Zeroda does not grant you any rights to use the Site or Content for any other purpose unless it expressly provides its prior consent in writing.

10. LIMITATION OF LIABILITY AND DISCLAIMERS
10.1 Except as expressly provided in this Agreement and to the maximum extent permitted by applicable law, all Services offered or provided by Zeroda are provided on an “as is” and “as available” basis without warranties of any kind, express, implied or statutory. Zeroda does not warrant or guarantee:

• (a) the Services will be uninterrupted, timely, reliable, secure, error-free or virus-free;
  (b) the accuracy or compelteness of the information contained on the Site;
  (c) that access to the Site will be uninterrrupted;
  (d) that any defects will be corrected inmmediately; or
  (e) that the Site will be free from viruses or other contamination.

10.2 Unless prohibited by law, Zeroda will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Site, including use or reliance on any information contained on it. You use the internet and the Site at your own risk.
10.3 To the maximum extent permitted by law, you release and discharge Zeroda and its related entities from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Zeroda or this Agreement (including the installation, downloading, use or performance of any software related to the Site).
10.4 You agree that Zeroda will not be liable or responsible for any failure in, or delay to, the provision of the Service or in Zeroda complying with its obligations under this Agreement where such failure or delay has a arisen as a direct or indirect result of:

• (a) fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident, industrial strike or other industrial action or inaction;
  (b) denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
  (c) a significant demand being placed on Zeroda’s services which is above the usual level of demand and which results in a failure of Zeroda’s software and hardware to function correctly;
  (d) the failure of any third party (including without limitation, any bank or other financial organization) to fulfill any obligations to Zeroda or its providers, affiliates or agents; or
  (e) any other circumstances or event which are beyond the reasonable, direct or primary control of Zeroda.

10.5 Subject to clause 9.6 below, you agree that Zeroda’s maximum liability for any breach of this Agreement, or any negligence in relation to this Agreement, will be capped and will not exceed the amounts paid by you to Zeroda under this Agreement, and if no amounts are paid, then shall be capped at the amount of AUD $10.00.
10.6 Provided that it’s fair and reasonable to do so, any liability by Zeroda resulting from a breach of warranty (express or implied) will be limited as follows:

• (a) If the breach relates to the Products, to the replacement of the Product or the supply of equivalent Products.
  (b) If the breach relates to deliveries, to the re-supply of the delivery or the cost of having the delivery supplied again.

These limitations don’t apply to any condition or warranty implied by legislation that does not permit Zeroda’s liability to be limited.

11. TERMINATION OF USE OF SITE
11.1 You may cease using the Site at any time.
11.2 Zeroda reserves the right to terminate your use of the Site at any time in its sole and absolute discretion for any reason, including but not limited to a breach of any term of this Agreement.
11.3 Zeroda may terminate or suspend your use of the Site at any time by giving you Notice advising that your shopping privileges have been withdrawn. Termination of this Agreement is effective from the date the notice is received by you, or any other date specified in the Notice.
11.4 Zeroda may refuse to deliver to a particular address at any time and in its sole discretion.
11.5 Zeroda may disclose any information about any user of the Site in relation to any investigation or allegation that your use of the Site is in breach of this Agreement or any law or regulation. Zeroda reserves its right to take any action is deems necessary in its sole discretion against any user of the Site who breaches any term of this Agreement, including applying for injunctive relief without notice.

12. GOVERNING LAW
This Agreement and its terms are governed by the laws in Vicrtoria, Australia, and any dispute arising in respect of the terms of this Agreement.

13. DEFINITIONS

• (a) Content means copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property contained on the Site.
  (b) Delivery Address is the address where the goods are to be delivered as stated on the Order.
  (c) Delivery Fee is the fee payable to Zeroda for delivery of the goods to your Delivery Address and handling and other costs associated with processing your order.
  (d) Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information;
  (e) Notice means an email sent to a user of the Site by Zeroda at the email address provided by the user when registering an account, as updated from time to time.
  (f) Order is an order by you to purchase goods from the Zeroda Site;
  (g) Product is an item in an Order sold on the Site, and includes its packaging.

14. PRIVACY
For details about Zeroda’s commitment to your privacy, please refer to our Privacy Policy.

15. GENERAL
15.1 Each term of this Agreement is severable. If any term of this Agreement is held to be invalid, the offending provisions will be deemed to be removed from this Agreement, leaving the balance of the terms effective and in force.
15.2 Any failure or delay by Zeroda to enforce any of its rights under this Agreement will not be deemed to be a waiver by Zeroda of any such rights

Last updated: February 2018

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