ZenNow

Terms and Conditions

view our terms and conditions

1. INTRODUCTION

1.1 This website and the associated application (regardless of platform of use), ZenNow, (collectively referred to as “Application”) are owned and operated by Zen-Now Pty Limited ACN 612 398 428 (ZenNow).

1.2 The purpose of the Application is to provide a simple, convenient place to introduce users to service providers (Service Providers) in their geographic area that offer a variety of on-demand services. Where appropriate, ZenNow or the service providers may offer good(s) and/or Service(s) via the Application (Goods and/or Services).

1.3 Your access to the Application, use of the Application, purchase of Goods and/or Services from the Application, linking to the Application, use of software on or downloading software from the Application is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Application including but not limited to the terms of:

(a) ZenNow’s End User Licence Agreement (EULA): www.zennow.com.au/eula

(b) ZenNow’s Privacy Policy: www.zennow.com.au/privacy-policy

(c) Any third-party software licence terms and conditions available on the Application (Terms)

1.4 By continuing to access and/or use the Application including by purchasing Goods and/or Services using the Application you (User, you and your) agree to be bound by the Terms.

1.5 The Terms do not affect your statutory rights as a consumer.

2. FREE TO USE

2.1 Subject to the Terms, the Application is free for the User to use.

2.2 The User may purchase additional in-app purchases from the Application from time to time, these are at the price indicated in the Application and, unless otherwise indicated, are GST inclusive.

3. ACCOUNT, AGE AND LOCATION REQUIREMETNS

3.1 A User is entitled to a maximum of one (1) ZenNow account for the Application (Account). You must set a password in relation to the Account and that password must meet the minimum password requirements as set by ZenNow and as varied from time to time.

3.2 A User must be 16 years or over and must be located in Australia at the time of establishing an Account and when placing a Service Request (defined below).

3.3 From the Account, a User, amongst other things, can:

(a) view Goods and/or Services available for purchase via the Application;

(b) view Goods and/or Services previously purchased via the Application;

(c) view previously used Providers, rate/review those Providers and the Goods and/or Services previously purchased via the Application; and

(d) place a Service Request(s).

3.4 Users are not allowed to register multiple Accounts. Your Account(s) may be terminated by ZenNow if you have or attempt to do so.

3.5 A User is not permitted to log into an Account that is not registered to their person. You consent to ZenNow utilising digital analytical methods such as geolocation software or aggregated analysis of your Internet Protocol (IP) address usage trends (Automated Analysis Methods) to determine whether or not you are in breach of this requirement or in compliance with the Terms generally. You agree that it is reasonable for ZenNow, in its discretion, to terminate a User’s Account solely on the basis of those Automated Analysis Methods. The Application may provide an avenue for Users to appeal termination of their Account, but you agree that ZenNow is not obliged to offer you an avenue to appeal or consider your appeal. Decisions made by ZenNow about the User’s Account are final.

3.6 Your Account password should be kept confidential at all times and must not be shared or disclosed to anyone. If you know or suspect that someone has knowledge of your Account password then you should contact ZenNow immediately to request a reset of your Account password. You are responsible for all activities that occur or are submitted through your Account.

4. HOW ZENNOW USES YOUR PERSONAL INFORMATION

ZenNow only uses your personal information in accordance with ZenNow’s Privacy Policy www.zennow.com.au/privacy-policy

Please take the time to read the Privacy Policy as it includes important terms which apply to you and your personal information.

5. HOW CONTRACTS ARE FORMED BETWEEN YOU AND PROVIDER

5.1 The pages which comprise the Application will guide you through the steps you need to take to place a Service Request using the Application. ZenNow’s Service Request process allows you to check and amend any errors before purchasing Goods and/or Services using the Application. Please take the time to read and check the Service Request at each stage of the process. You must pay all amounts relating to a Service Request(s) in full at the time of placing a Service Request(s) via the Application (Booking Proceeds)

5.2 After you place a Service Request to purchase Goods and/or Services from a Service Provider using the Application (Service Request), ZenNow will acknowledge that we have received the Service Request through the Application and it will be available on the Application under your Service Requests. However, this does not mean that the Service Request has been accepted by a Service Provider or that the Goods and/or Services will be supplied by a Service Provider. Acceptance of the Service Request will only take place in accordance with the process specified below.

5.3 A Service Provider will confirm its acceptance of the Service Request through the Application (Service Request Acceptance). Having received the Service Request Acceptance via the Application, ZenNow will at its discretion issue a booking confirmation via the Application to the Service Provider and User (Booking Confirmation), in which case:

(a) the User and Service Provider are deemed to have entered into a separate contract for the provision of the Goods and/or Services by the Service Provider to the User (Services Contract);

(b) the Service Provider will provide the Service(s) described in the Booking Confirmation to the User including by:

i. travelling to the location provided for in the Booking Confirmation in order to deliver Service(s) to the User;

ii. handling any User enquiries before, during and immediately after the provision of the Service(s);

(c) the User and Service Provider will participate, as required by the Application, in the evaluation of the Services performed in relation to the Booking Confirmation.

5.4 The Booking Confirmation contains the terms of and any unique redemption information for the Service Request. Any contract between you and the Service Provider will only be formed when the Booking Confirmation is confirmed through the Application.

5.5 ZenNow reserves the right to refuse the Service Request if we are unable to process your payment or we reasonably believe that your payment for the Service Request will be refused.

5.6 Sometimes due to unforeseen circumstances ZenNow and/or a Service Provider needs to cancel or re-schedule the supply of Goods and/or Services, the subject of a Booking Confirmation. If ZenNow and/or a Service Provider re-schedule the supply of Goods and/or Services, the subject of a Booking Confirmation, ZenNow will advise you of the new date for the supply of the rescheduled Goods and/or Services. If you are unable to collect the Goods from the Service Provider or unable to receive the Goods and/or Services, on the rescheduled date, or the supply of Goods and/or Services, the subject of a Booking Confirmation is otherwise cancelled by ZenNow or the Service Provider, ZenNow will refund you the full amount paid by you for the Service Request, the Booking Confirmation will be cancelled and you agree that ZenNow and the relevant Service Provider will have no further liability or responsibility to you relating to the Service Request or Booking Confirmation.

5.7 Subject to clause 5.8, you may, through the Application and without cost except for Merchant Fees, cancel or withdraw a Service Request despite a Booking Confirmation and receive a refund of 100% of the amount paid via the Application in relation to the Service Request (Full Refund).

5.8 If you cancel or withdraw a Service Request despite a Booking Confirmation:

(a) less than twenty-four (24) hours prior to the time the Services were to be performed as specified in the Booking Confirmation, you acknowledge and agree that you will only be entitled to a refund of 50% of the Booking Proceeds (Partial Refund); and

(b) less than two (2) hours prior to the time the Services, the subject of the Booking Confirmation, were to be performed as specified in the Booking Confirmation, you acknowledge and agree that you are not entitled to a refund of any of the Booking Proceeds.

6. RESPONSIBILITY FOR SATISFYING SERVICE REQUEST(S)

6.1 The Application endeavours to deal with reputable Service Providers who provide quality Goods and/or Services, however ZenNow accepts no responsibility or liability for the quality or quantity of any Goods and/or Services displayed on the Application including Goods and/or Services the subject of a Service Request and/or Booking Confirmation.

6.2 The relevant Service Provider has the sole responsibility for satisfying any Service Request the subject of a Booking Confirmation. All questions regarding Goods and/or Services the subject of a Booking Confirmation should be directed to the relevant Service Providers. Any disputes between you and Service Provider(s) are to be resolved between you and the Service Provider(s).

7. PAYMENT

7.1 The Application utilises the payment gateway operated by Braintree, a division of PayPal (Payment Gateway) to:

(a) collect Booking Proceeds; and

(b) make Partial and Full Refund(s).

7.2 You can only purchase Goods and/or Services the subject of a Service Request by using the Payment Gateway with a valid credit card or debit card bearing the Mastercard, Visa or American Express symbol (Payment Card).

7.3 Any credit card or debit card and associated payment details you use on the Application will be held by the Payment Gateway and not by ZenNow. For more information about protection or your personal information, please see our Privacy Policy www.zennow.com.au/privacy-policyand the privacy policy of Braintree .

7.4 The Payment Gateway levies merchant fees calculated by reference to the value of the Booking Proceeds Payment, which merchant fees are retained by Braintree, payable by the End User or deducted from Booking Proceeds (Merchant Fees). All prices quoted on the Application are in Australian Dollars and unless expressly stated otherwise are inclusive of GST.

7.5 All prices quoted on the Application are subject to change without notice and all Goods and/or Services displayed on the Application are subject to availability.

8. INTELLECTUAL PROPERTY

8.1 All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Application is owned, controlled or licensed by or to ZenNow, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

8.2 You may only use information on the Application for personal, non-commercial informational purposes. No content on the Application may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ZenNow’s prior written consent.

9. PROVIDER REVIEWS AND RATINGS

9.1 The Application is an open forum for Users to comment on the experience they have had with Goods and/or Services purchased via the Application.

9.2 A User can only post one (1) review per Booking Confirmation.

9.3 The ratings contained on the Application (Rating(s)) are for informational purposes only and do not constitute advice. You should not rely on Ratings to make (or refrain from making) or take (or refrain from taking) any action.

9.4 Ratings are the opinions of Users and any statements, advice or opinions made by such User are those of such Users only and not ZenNow’s.

9.5 Subject to Australian Consumer Law, ZenNow reserves the right to include or exclude any Rating and take necessary steps to protect Service Providers, Users and other users of the Application from any offensive, abusive, hateful, discriminatory or malicious content, including termination of Accounts. Refer to Unauthorised Use section below for more detail.

9.6 To ensure the integrity of the Application, ZenNow will not remove or edit reviews where ZenNow believes that doing so would be in breach of Australian Consumer Law.

10. REVIEW OF TRANSMISSIONS

10.1 You agree that if you submit Ratings, suggestions, comments, questions or post any other content on the Application, you grant ZenNow the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology.

10.2 ZenNow takes no responsibility and assumes no liability for any content posted or submitted by you or by other Users of the Application. You warrant to ZenNow that any such material posted or submitted by you to the Application complies with all laws and does not breach the intellectual property rights of any person and you agree to indemnify ZenNow against claims of any kind arising from a breach by you of that promise, including legal fees on an indemnity basis.

11. DISCLAIMER OF WARRANTY

11.1 ZenNow provides the Application and its contents on an “as is” basis and use of the Application is at your own risk. All content is believed, in good faith, to be accurate, complete, current and reliable at the date the information was placed on the Application. ZenNow does not, nor does any of its respective directors, officers, employees or agents, make any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Application (including in relation to any Goods and/or Services displayed on the Application).

11.2 To the extent permitted by law, ZenNow and any of its respective directors, officers, employees or agents, will not be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on the Application.

11.3 To the extent permitted by law, ZenNow expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.

12. LIMITED LIABILITY

12.1 To the extent permitted by law, under no circumstances will ZenNow or its directors, officers, agents, employees or contractors have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use the Application.

12.2 The User may be bound by additional terms and conditions imposed by the Service Provider. These additional terms will appear on the Application and Booking Confirmation. ZenNow is not responsible for any claims or complaints about the Service Providers or the Goods and/or Services, nor disputes between you and a Service Provider about the Service Provider’s terms and conditions. All Goods and/or Services purchased via the Application are in response to Service Request(s) prepared by Users for supply by the Service Provider.

12.3 ZenNow reserves the right to process a refund to the Payment Card used to purchase the Goods and/or Services the subject of a Service Request. ZenNow does not accept any responsibility for any delays in inter-bank processing of such refunds.

13. RELEASE AND INDEMNITY

You agree to indemnify and hold ZenNow and its officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees, made by any third party due to or arising out of your breach of these Terms.

14. LIMITATIONS OF USE

14.1 The Application is intended for use by persons located in Australia only and ZenNow makes no representation that the Application and any information, materials or functions included in the Application are appropriate for use in any other jurisdiction.

14.2 By using the Application, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify ZenNow immediately of any changes to your personal information by updating your Account details on the Application or contacting ZenNow.

14.3 In creating an Account or otherwise using the Application, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

15. THIRD PARTY SITES

15.1 The Application may contain links to other third party websites (Linked Websites). The Linked Websites are not under the control of ZenNow nor is ZenNow responsible for the practices, content or availability of the Linked Websites. A link to a Linked Website does not imply ZenNow’s endorsement of, sponsorship of, or affiliation with the Linked Website. ZenNow provides the links as a convenience only. If you decide to access Linked Websites, you do so at your own risk, and ZenNow will not be held responsible or liable for any loss or damages caused by your access or use of the Linked websites including your reliance on any contents, goods or services available on the Linked websites.

16. UNAUTHORISED USE

16.1 You may not use the Application including your Account for any unlawful or unauthorised purpose, including without limitation distributing any unlawful, defamatory, abusive, threatening, harmful, obscene or otherwise objectionable material transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.

16.2 Interfering with any other persons use or enjoyment of the Application, damaging, disabling or impairing the operation of the Application or attempting to gain unauthorised access to the Application or to networks connected to it, through hacking, spoofing, distributed denial of service (DDoS) attacks or any other means is strictly forbidden.

17. BREACH AND TERMINATION

17.1 ZenNow reserves the right to terminate your Account, decline any new User registration, terminate your right to link to the Application, cancel a Service Request (whether the subject of a Booking Confirmation or not) and/or prevent any further use of the Application if you violate any of these Terms. If ZenNow considers there to be a risk of liability or loss to Service Provider(s) or ZenNow, we may take any action deemed necessary to prevent such a liability or loss from occurring.

17.2 Any person who holds a suspended or terminated Account must not place or attempt to place a Booking or re-join or attempt to re-join the Application without ZenNow’s prior written consent, which may be withheld in ZenNow’s absolute discretion.

17.3 ZenNow reserves the right and the ability to trace your IP address, and if necessary, contact your internet Provider in the event of a suspected breach of these Terms.

18. COOKIE POLICY

18.1 In addition to personal information you may provide to ZenNow directly, ZenNow may also collect information from you when you access the Application via the cookies on the Application.

18.2 A ‘cookie’ is a small text file which is placed on your internet browser and which ZenNow accesses each time you visit the Application. The cookie allows ZenNow to obtain information about how the Application is being used. Cookies may be used by ZenNow for various reasons, including remarketing across the internet through Google Adwords, maintaining website security, monitoring website traffic, measuring website performance and improving the navigational experience of the Application. ZenNow do not use cookies to identify you or any other user.

19. AVAILABILITY

19.1 The Application may be unavailable at certain times including to allow for maintenance and upgrades. Although ZenNow endeavours to notify Users and other users of the Application in advance of any service/Application unavailability, this cannot be guaranteed and ZenNow reserves the right to alter or withdraw the service/Application at any time.

20. ASSIGNMENT

ZenNow reserves the right to assign or sub-contract any or all of our rights and obligations under these Terms.

21. GOVERNING LAW

The laws of the State of New South Wales and the Commonwealth of Australia govern the Application and its use. Subject to the Terms, the Application may be accessed throughout Australia and overseas but ZenNow makes no representations or warranties that the content of the Application complies with the laws (including intellectual property laws) of any jurisdiction outside Australia. If you access the Application from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.

22. SEVERABILITY

If a provision in this Agreement is unenforceable or invalid in any jurisdiction, it will be ineffective in that jurisdiction to the extent that it is unenforceable or invalid. No provision in this Agreement will otherwise be affected in any jurisdiction.

23. OUR RIGHT TO VARY THESE TERMS

23.1 ZenNow reserves the right to amend these Terms from time to time.

23.2 Every time you access the Application, the Terms in force at the time of your access will apply to your use of the Application.

23.3 ZenNow may revise these Terms to reflect the changes in relevant laws and regulatory requirements. If ZenNow has to revise these Terms as they apply to your Service Request(s) and/or Booking Confirmation(s), ZenNow will contact you to give you reasonable advance notice of the changes and let you know how to cancel your Service Request(s) and/or Booking Confirmation(s) if you are not happy with the changes.