Terms and Conditions

  • ZUMESOFT SOLUTIONS PTY LTD (A.B.N. 86 145 772 612) of Level 4, 29 King William Street, Adelaide SA 5000 (‘we’, ‘us’, ‘ZumeForms’) and you, the person accessing our sites and services (‘you’, ‘your’)

  • Terms of Use

    By using or accessing any of our sites or services (or any of our other products, applications, software, servers or data feeds), collectively ‘our service’, you agree to be bound by these terms and our privacy policy (attached to these terms).

    If you do not agree to any of these terms or our privacy policy, you must immediately cease access to and use of our service.

    Although we may attempt to notify you when major changes are made to these terms, you must periodically review the most up-to-date version. We may, in our sole discretion, modify or revise these terms and our privacy policy from time to time without notice, and you agree to be bound by such modifications and revisions. Nothing in these terms confers on you any licence, rights, benefits, or third party rights, except as expressly provided for in these terms.

  • Your Use of Our Service

    These terms apply to all users of our service, including users who are also contributors of content and data to our service.  In these terms, ‘content’ includes all documents, files, forms, text, software, scripts, graphics, media, interactive features and other materials you may view on, use, access through, or contribute to our service.

    Our service includes all aspects of our service, including but not limited to all products, software and services offered via our websites or over the internet and, includes any embeddable form or document portal, our web applications and our downloadable applications.

    Our service may contain links to third party sites and services that are not owned or controlled by us. We have no control over, do not endorse and assume no responsibility for, the content, privacy policies, or practices of any third-party site, content or service. In addition, we will not and cannot censor or edit the content of any third-party site or service. By using our service, you expressly relieve us from any liability arising from your use of any third-party site, content or service

    It is your responsibility to ensure you read and accept the terms and privacy policy of any third party site or service that you visit, access or use.

  • Your Account With Our Service

    To access most features of our service, you will need to create a user account with us. You should never use another person's account on our service without their express consent.

    When creating your account, you must provide up to date, accurate and complete information and you are responsible for maintaining the accuracy and currency of information provided by you.

    You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized access or use of your account, the services and any content, whether by you or a third party.

    Although we will not be liable for any losses you suffer because of any such unauthorised access or use of your account, you may be liable for the losses we or others suffer or incur due to such unauthorised access or use.

  • General Permissions and Restrictions

    We grant you permission to access and use our service in accordance with these terms only

    You must not distribute, reproduce or make available, in any medium or format any part of our service or content without our prior written authorisation, unless we make available the means for such distribution through functionality offered by our service (such as an embeddable document portal).

    You agree not to alter or modify any part of our service or content.

    You agree not to access content through any technology or means other than as facilitated and contemplated by our service itself, or other explicitly authorized means we may designate.

    You agree not to use our service for any of the following commercial uses unless you obtain our prior written approval:

    • The sale of access to our service; or
    • The sale of advertising, sponsorships, or promotions placed on, within or in relation to our service or content.

    Prohibited commercial uses do not include:

    • Gathering data or preparing documents through our service in accordance with these terms; or
    • Any use that we expressly authorise in writing.

    If you are permitted to embed any forms or other content on your own website, you may not modify, build upon, or block any portion or functionality of the embedded content, including but not limited to links back to our website.

    If you use our downloadable applications, you agree that they may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the application and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of our applications.

    You agree not to use or launch any automated system, (including without limitation, robots, spiders, or offline readers), that accesses our service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional web browser. But we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.

    You agree not to collect or harvest any personally identifiable information, including account names and other personal or financial data, from our service, nor to use the communication systems provided by our service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of our service with respect to their content.

    In your use of our service, you will comply with all applicable laws.

    You must not use, nor permit any third party to access or use any part of the content or the service for any unlawful purpose.

    We reserve the right to discontinue any aspect of our service at any time.

  • Your Use of Content

    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content.

    The content on our service, and the trademarks, service marks and logos (‘marks’) on our service, are owned by or licensed to us, and are subject to copyright and other intellectual property laws whether existing, contingent and future rights, and remain the property of us or our licensor, as the case may be.

    Content is provided to you on an ‘as is’ basis. You may access content for your information and personal use solely as intended through the functionality of our service, and as permitted under these terms. You must not download any content other than via the functionality within our service for the download of content.

    You must not copy, reproduce, reverse engineer, decompile, adapt, distribute, translate, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purpose not expressly permitted by these terms without our prior written consent, or the consent of the respective owner of the content. We and our licensors reserve all rights not expressly granted in and to our service and the content. Under no circumstances does content transfer to you by mere use or any licence granted under these terms.

    You agree not to circumvent, disable or otherwise interfere with security-related features of our service, or features that prevent or restrict use or copying of any content or enforce limitations on use of our service or the content.

    You understand that when using our service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights and licences of or relating to such content.

    You further understand and acknowledge that you may be exposed to content that is inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect to such content. To the extent permitted by applicable law, you agree to indemnify and hold us harmless, as well as indemnify and hold each of our owners, operators, affiliates, licensors, and licensees harmless to the fullest extent allowed by law regarding all matters related to your use of our service and access to content.

    To the extent that our service provides you with content in a form that can be copied, reproduced, altered or adapted (for example, in Microsoft Word, HTML or open text format), you are only licensed to do so for your own personal benefit and in respect of a single matter or issue, and not for resale or redistribution to any third party.  Any licence granted to you in relation to any aspect of our service is provided to you on a non-exclusive, non-transferrable, non-sublicensable, revocable basis. Without limiting the forgoing, by using our service you agree that:

    • You must not use any content to create other content;
    • You must not use any part of any content for any purpose except the specific purpose for which the content was ordered and provided;
    • You must not copy any part of any content for any purpose except in relation to the transaction for which the content was ordered and provided;
    • You must not interfere with, alter or attempt to copy or reproduce any part of our service while using our service;
    • You must not incorporate any part of our service or content in any other program or system; and
    • You must not represent that the content or our service was created by your own resources, or those of a third party.
  • Your Content and Conduct

    As the holder of an account you may submit content to our service, including forms, data and documents. You understand that we do not guarantee any confidentiality with respect to any content you submit.

    You are solely responsible for your own content and the consequences of submitting and publishing your content on or through our service.

    You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish or otherwise deal with content you submit; and you grant to us an irrevocable, transferable, sub-licenseable license to all intellectual property rights subsisting in any such content including patent, trademarks, trade secrets, copyright and all other proprietary rights in and to such content for publication on our service under these terms.

    For clarity, you retain all your ownership rights in your content. However, by submitting content to us on our service, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licenseable and transferable license to use, reproduce, distribute, create derivative works of, display, republish and perform the content to operate our service, including without limitation for promoting and redistributing our service (and derivative works thereof) in any media formats and through any media channels.

    You further acknowledge that we may use content submitted by you in any way notwithstanding that such use might breach any moral rights, and you agree to waive any moral rights in respect of any content you submit to our service.

    Subject to any applicable charge set within our service, you also grant each user of our service a non-exclusive license to access your content through our service, and to use, reproduce, distribute and display such content but only as permitted through the functionality of our service and under these terms.

    You further agree that content you submit to our service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all the license rights granted under these terms. You agree that you are solely responsible for securing the appropriate rights or licences to use, copy, adapt, translate, publish or otherwise deal with any third party material or content.

    You further agree that you will not submit to our service any content or other material that is contrary to applicable local, national, and international laws and regulations.

    We do not endorse any content submitted to our service by any user or other licensor, or any opinion, recommendation, or advice expressed in any content. We expressly disclaim any liability for any content. We do not permit copyright infringing activities and infringement of intellectual property rights on our service, and we will remove all content if properly notified that such content infringes on another's intellectual property rights.

    We reserve the right to remove content without prior notice.

    We reserve the right to use your personal, company or trading name in any promotional or marketing material we deem fit. This may be of the form print, TV, radio or multimedia (including web). Example uses may include; promotional flyers, or website case studies.

  • Your Data and Storage

    We make no representation that you will be able to access your content.

    We reserve the right to delete all your content immediately on termination of your account. But we also reserve the right to retain your content for any period in our databases.

    We may levy an additional charge for any export of any of your content from our service.

    All content and data accessed and saved via zumeforms.com is saved on servers based wholly within the United States of America.

    All content and data accessed and saved via zumeforms.com.au is saved on servers based wholly within the Commonwealth of Australia.

  • Your Comments and Recommendations

    If you provide comments or recommendations to us about our content, or the content of other users of our service, such comments and recommendations may be adopted by us and integrated into the content and our service.  In consideration of your access of our service you assign and agree to assign all copyrights and other intellectual property in the comments and recommendations to us for no further consideration or attribution.

  • No Legal Advice

    We are not a professional services firm and are not an incorporated legal practice. Our service is not intended to give legal advice or provide you with any legal services.  Furthermore, if you are not a qualified legal practitioner or an incorporated legal practice, then use of our service or content to provide services to third parties may constitute a breach of law.

    We strongly recommend that before you use any content, you obtain legal advice on your circumstances and the suitability of the content to meet your requirements. All content is general in nature and may not cover every situation that might arise.

    Laws vary between jurisdictions, and between the states and territories within a jurisdiction. Laws are also subject to frequent change. We do not warrant or represent that any content is appropriate to the laws of any particular jurisdiction, nor up to date with changes in applicable laws.

    Any use of our service or content is at your sole risk.

  • Our Fess and Charges

    We may from time to time nominate fees and charges for access to or use of our service on a periodic subscription basis, or on a pay-per-use basis for specific content (our ‘fees’). You agree to pay our fees as nominated from time to time for access to our service and use of the content.

    You warrant that you understand and agree to the fees as nominated in our service from time to time.  We, in our sole, absolute and unfettered discretion, reserve the right to change any fees charged for our service or use of content at any time.

    If there is an increase in periodic fees, the new fees will become payable from the earlier of:

    • Seven days after a notice in respect of the change in fees is posted on our service; and
    • Your entry to a new agreement or the renewal of a term.

    If we introduce a new service or new content, any fees for the use of that service or content is applicable from the commencement of our service or the availability of the content, unless otherwise stated. By using our service or content you warrant that you agree to the applicable fees.

    Unless otherwise stated, all fees are inclusive of all goods and services and value added taxes, and are quoted in United States dollars.

    In respect of fees payable on account, you must pay the fees to us within fourteen days of being invoiced or receipt of a notice for payment. You authorise us to charge all monies payable to us under these terms to your account, and levy charges directly against any bank account or credit or charge card for which you have provided details to us.

  • Our Delivery Policy

    The content you order through our service will, if relevant, be delivered electronically to you on the earlier of when you download it or when you click to have us send it to you by email to the email address you have nominated when setting up your account.

    If you request that content be delivered in hard copy (including through our printing, binding, and courier delivery service), then the content will be delivered as soon as is reasonably practical in the ordinary course of business. However, we do not guarantee courier delivery times.  Courier fees are included in the price we have quoted.

  • Our Refund Policy

    Subject to where you are entitled to a statutory guarantee under the Australian Consumer Law, you agree that because of the nature of our service, we will not allow any refunds, returns, or exchanges, and that we provide refunds at our absolute discretion and in exceptional circumstances.

    Without limitation, no refund of any fees will be offered after:

    • The conclusion of any nominated trial period; or
    • Access to content for which a fee is levied outside a trial period.

    In respect of any amount due from us to you, we may pay such monies by such method as we reasonably choose.

  • Termination of Your Account

    You may request us to terminate your account. This request must only be made through our service. We reserve the right to deny or delay carrying out your request for any reason.

    We reserve the right to terminate your account at any time without notice in the following circumstances:

    • You have previously sent a request to us to terminate your account;
    • Your payment for our service cannot be processed within 14 days of the due date for payment;
    • We have reason to believe your account has been used, or will be used, in violation of these terms;
    • We have not received a form submission from your account, or your account has not been accessed, for a period of 6 months;
    • Your bandwidth usage significantly exceeds the average bandwidth of other users (as determined by us at our sole discretion); or
    • Any other circumstance we reasonably consider appropriate.

    If your account is terminated, we offer no refund or compensation for any loss of content or other material resulting from the termination of the account, and you will not provide any refund for unused time in your billing cycle.

    We reserve the right to decide whether content violates these terms for any reasons. We may at any time, without prior notice and at our sole discretion, remove such content and/or terminate your account for submitting such material in violation of these terms.

    On termination of access to our service for whatever reason, the following terms apply:

    • You must immediately discontinue use of our service, and cease to use any intellectual property, confidential information, and any other content;
    • All fees previously paid remain our property and you agree to make no claim in respect of such fees. You must further pay to us any fees that have accrued but are unpaid as at the date of the termination or expiration; and
    • You must forthwith pay to us without any deduction or right of set off all sums of money which may be due or payable by you to us, including all costs, expenses and disbursements of ours which in accordance with these terms are payable by you.
  • Warranty Disclaimer

    You agree that your use of the service is at your sole risk. 

    To the fullest extent permitted by Law, ZumeForms, its officers, Directors, Employees, and Agents disclaim all warranties, express or implied, in connection with the service and your use thereof.

    To the fullest extent permitted by law, zumeforms makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site, and assumes no liability or responsibility for any:

    • errors, mistakes, or inaccuracies of content,
    • personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
    • any unauthorised access to or use of our secure servers and/or any personal information and/or financial information stored therein,
    • any interruption or cessation of transmission to or from our service,
    • any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our service by any third party, and/or
    • any errors omissions in any content or for any loss or damage of any kind incurred because of the use of any content posted emailed, transmitted, or otherwise made available via the service.

    Zumeforms does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked services or featured in any banner or other advertising.

    ZumeForms will not be party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

    AS with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate. 

  • Limitation of Liability

    To the fullest extent permitted by law, in no event and under no circumstances is ZumeForms, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

    • Errors, mistakes, or inaccuracies in content,
    • Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service,
    • Any unauthorsied access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
    • ANy interruption or cessartion or transmission to or from our service,
    • any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or
    • any errors or omissions in any content or for any loss or damage of any kind incurred because of your use of any content posted, emailed, transmitted, or otherwise made available via the service,

    Whether based on warranty, contract, tort, or any other legal theory, and whether the company is advised of the possibility of such damages. The foregoing limitation of liability apply to the fullest extent permitted by law in the applicable jurisdiction.

    You specifically acknowledge that ZumeForms is not liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. 

    The Service is controlled and offered by us from our facilities in Australia, New Zealand and the United States. We make no representations that our service is appropriate or available for use in any location. Those who access or use our service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  • Your Indemnity to Us

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ZumeForms, its parent corporation, officers, directors, employees and agents, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

    • Your use of and access to our service;
    • Your violation of any term of these terms;
    • Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
    • Any claim that your content caused damage to a third party.

    This defence and indemnification obligation will survive these terms and your use of our service.

  • General Terms

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms.

    These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

    You agree that our service is:

    • Solely based in New South Wales, Australia; and
    • A passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New South Wales, Australia.

    These terms are governed by the internal substantive laws of the State of New South Wales, Australia, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from our service must be decided exclusively by a court of competent jurisdiction located in New South Wales, Australia.

    These terms, together with the Privacy Notice and any other legal notices published by us on our service, constitute the entire agreement between you and us concerning our service.

    If any provision of these terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of these terms, which remain in full force and effect.

    No waiver of any term of this these terms is deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these terms does not constitute a waiver of such right or provision.

    We reserve the right to amend these terms at any time and without notice, and it is your responsibility to review these terms for any changes.

    Your use of our service following any amendment of these terms will signify your assent to and acceptance of its revised terms.

    You and use agree that any cause of action arising out of or related to the services must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 

  • Our Privacy Policy

    You agree to be bound by our Privacy Policy. This Policy may be accessed here: Privacy Policy.

  • Our Contact Details

    For the purposes of these terms, a reference to ‘we’, ‘us’ and ‘Zumeforms’ is a reference to Zumesoft Solutions Pty Ltd (A.B.N. 86 145 772 612).

    We may be contacted by email: enquiries@zumeforms.com

Copyright 2017 • All Rights Reserved • ZumeSoft Solutions Pty Ltd ABN: 145 772 612