Published on September 20, 2023
A. These terms and conditions constitute a legally binding agreement (Agreement) between Zoomo PTY LTD (ACN 617 521 150) (Zoomo, we, us, our) and you. You and Zoomo are collectively referred to as “the parties”.
B. The Agreement governs any products and services provided to you through the Zoomo websites (Site), online through the Zoomo platform or that Zoomo otherwise provides or makes accessible to you (Services). This Agreement does not apply if you have a written agreement executed by Zoomo for the provision of the Services, in which case such agreement will govern your use of the Services.
C. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you must stop using the Services. You acknowledge that this Agreement is a contract between you and Zoomo, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
D. You warrant that you are over the age of eighteen and have the power and authority to enter into and perform your obligations under this Agreement. If you enter into this Agreement on behalf of your company, then “you” in the remainder of this Agreement means your company, and you warrant that you are properly authorised to bind your company to this Agreement.
A. This Agreement consists of:
B. If any of the terms listed in this section, the terms first listed will have priority to the extent of any inconsistency.
A. Subject to the applicable Order and this Agreement, Zoomo hereby grants to you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Services for non-commercial purposes and in accordance with the product documentation.
B. Zoomo may also offer certain Services to you at no charge, including free accounts, trial use, and access to beta products (No-Charge Services). Your use of No-Charge Services is subject to any additional terms that Zoomo specifies from time to time and is only permitted for the period designated by Zoomo, or if no such period is designated, 30 days. Zoomo may terminate your right to use No-Charge Services at any time and for any reason in its sole discretion, without liability to you.
C. Zoomo reserves the right to make changes to the Services in its sole discretion from time to time, including the functionality, performance, user interface, usability, and the service description published on the Site or that Zoomo provides to you, and you agree that this Agreement will apply to any changes or updates to the Services.
A. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. You agree to use reasonable efforts to prevent unauthorized access or use of the Services and to promptly notify Zoomo if you believe (a) any of your credentials have been lost, stolen or made available to an unauthorized third party or (b) an unauthorized third party has accessed the Services.
B. Zoomo will employ administrative, physical and technical measures in accordance with applicable industry practice to protect the Services and prevent the accidental loss or unauthorized access, use, alteration or disclosure of your data under its control.
C. Zoomo will not use any of your data for any purpose except the sole purpose of providing the Services and otherwise in accordance with the Privacy Policy. Zoomo may also process your data on an aggregated and/or anonymized basis to: (i) develop new services and features; (ii) analyze patterns and trends; and (iii) internally evaluate the efficacy and benchmarking of its Services (Aggregated Data).
A. You must pay all fees for the Services in accordance with the rates and currency set out in the applicable Order(s). Other than where expressly provided for under this Agreement, all fees are non-refundable, non-cancellable and non-creditable.
B. You will be billed the fees for the Services in accordance with the terms of the Order.
C. Your Order, and any other amounts owing to Zoomo will be billed by (i) direct debit of your credit card or debit card, in which case you authorise Zoomo to debit you in the month prior to the commencement of the annual or monthly billing cycle (as applicable), or (ii) by such other forms of payment that Zoomo makes available, which may be subject to additional terms and conditions.
D. You are responsible for any duties, customs fees, or taxes associated with the supply of the Services or any other goods or services provided by Zoomo to you, including any VAT, GST or other applicable sales tax, and any related penalties or interest (Taxes), and you will pay Zoomo for the Services without any withholding for Taxes. If Zoomo is required to collect or pay Taxes, the Taxes will be invoiced to you. You must provide Zoomo with any information Zoomo reasonably requests to determine whether Zoomo is obliged to collect Taxes from you, including your relevant Tax identification number.
E. Each Order will automatically renew for additional periods of the same duration as the expiring Order Term (each, a Renewal Order Term). You authorize Zoomo to automatically charge you for the applicable fees on or after the start date of each Renewal Order Term unless the Order has been terminated or canceled in accordance with this Agreement.
F. Zoomo, in its sole discretion and at any time, may modify the fees for the Services. Any fee change will become effective at the end of the then-current billing cycle. Zoomo will provide you with a reasonable prior notice of any change in fees to give you an opportunity to terminate your subscription before such change becomes effective. Your continued use of the Services after the fee change comes into effect constitutes your agreement to pay the modified fee amount.
In addition to other terms in this Agreement, you must not:
You must also not use the Services:
Zoomo reserves the right to terminate your use of the Services for violating any of the prohibited uses.
A. Zoomo has and retains all rights, title and interest, including all Intellectual Property Rights anywhere in the world in and associated with the Services.
“Intellectual Property Rights” means all present and future rights at law, equity or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
B. You grant to Zoomo a non-exclusive, worldwide, irrevocable, royalty-free licence (including the right to sublicense) to use and develop the Intellectual Property Rights in your data to the extent required to: (i) enable Zoomo to exercise its rights and discharge its obligations under this Agreement, including to provide or support the Services, and to offer to provide you with any other goods or services (including other products); and (ii) generate aggregated data sets, reports and analysis relating to technical data about use of the Services in a form that is anonymised and does not identify you or any individual. You acknowledge and agree that Zoomo will own all Intellectual Property Rights in Aggregated Data.
If you choose to use any third party services in connection with the Services, Zoomo may provide such third parties access or use of your data to the extent required for the interoperation of the Services with the third party services. ZOOMO DISCLAIMS ALL LIABILITY FOR ANY THIRD PARTY SERVICES AND FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDERS OF THIRD PARTY SERVICES.
Except as expressly stated in this Agreement or required under any applicable law, the Services and any other goods or services provided by Zoomo to you are provided on an “as is” basis, and Zoomo does not make any representation or warranty (express or implied) in respect of the Services or any other goods or services provided to you, including, without limitation, any implied warranty of merchantability, of fitness for a particular purpose, that operation of the Services will be uninterrupted or error free, or that all defects will be corrected, nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data.
A. To the fullest extent permitted by law, in no event shall either party be responsible to the other party for any lost profits, indirect, special, incidental, or consequential damages whatsoever.
B. Zoomo’s aggregate liability for any claims in connection with this Agreement shall not exceed the total amount actually paid by you to Zoomo under this Agreement during the twelve month period immediately prior to the event giving rise to the liability.
You agree to indemnify and hold Zoomo and its affiliates harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your use of the Services.
Each party must keep confidential and not disclose to any third party confidential information of the other party, with the exception that a party may disclose such confidential information to:
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations in this Agreement, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void.
Zoomo may terminate this Agreement in whole or part, including any particular Order(s), immediately upon providing notice to you if you:
A. This Agreement constitutes the entire agreement between you and Zoomo regarding the provision of Services.
B. Our products and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this Agreement impacts your rights under Australian Consumer Law, including your right to a remedy if we fail to meet a consumer guarantee.
C. This Agreement and any dispute or claim arising out of, or in connection with it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of the State New South Wales within the Commonwealth of Australia. The parties irrevocably agree that the courts of that State and courts of appeal from them, shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).
D. Zoomo may send notices to you at your last known home or email address, telephone number or other contact details. You must send notices by email to our customer service team at hello@ridezoomo.com or contact Zoomo by accessing the website (www.ridezoomo.com).
E. Zoomo may update or modify the terms of this Agreement from time to time to respond to changes in our products, services, business or as required by law, by giving notice to you. If an update or modification to the terms of this Agreement materially reduces your rights, you may terminate this Agreement upon providing 30 days prior written notice to Zoomo.
Depending on who you are and your interaction with Zoomo, we may collect different types of data, including:
For further information on the types of data we collect, visit our Privacy Policy.
Depending on our relationship with you, we may collect your data for different purposes.
Often, the main purpose of our data collection is to protect our legitimate interests, including to provide the best possible service to you.
For further information on the specific purposes for Zoomo’s data collection, visit our Privacy Policy.
Depending on where you are located, we may store your data in your local jurisdiction.
Due to the international nature of our business, we may also store your data within other jurisdictions we operate in, including Australia, the United Kingdom, the European Union, Canada and the United States.
Your data may be accessed by employees of different entities within the Zoomo group that may be based outside of your country of residence. As we are an international organisation, this is necessary in order for us to provide our services to you.
We may also share your data with external third parties in certain circumstances. This may include sharing your data with our business partners, advisors or software providers in order to support our service offering, or to governmental and law enforcement agencies for legitimate legal purposes.
You can find out more about these third parties and the reason for us sharing your data by visiting our Privacy Policy.
We will only store your data for as long as reasonably necessary to fulfil the purpose we collect it for. If we need the data to adequately respond to a complaint or legal action, we may retain your data for a longer period.
Our Privacy Policy outlines the factors we consider in determining what constitutes a reasonable amount of time to store your data.
Zoomo also aims to comply with international data protection laws including, amongst others, the EU General Data Protection Regulation, when collecting, storing and processing your data.
You can read more about our efforts in our Privacy Policy.
You have several rights in relation to your personal data, including but not limited to:
To find out more about your rights, visit our Privacy Policy.
Any requests in relation to your data and your rights can be made via email to privacy@ridezoomo.com.
Zoomo is committed to ensuring the integrity and security of your data. Zoomo’s collection, storage and transfer of your data is at all times governed by the principles set out in our Terms and Privacy Policy.
In summary, we have put in place appropriate security measures to prevent your data from being accidentally lost, used, accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your data on a need-to-know basis and we ensure that all who are provided with access are at all times subject to a duty of confidentiality.
We have a dedicated team who are responsible for overseeing the management and security of your personal data, as well as answering any questions that you have about how we manage privacy.
If you would like to get in touch, please contact us via email at privacy@ridezoomo.com.
You can find the current version of the Zoomo Privacy Policy here: https://www.ridezoomo.com/policies/privacy.
