Terms and Conditions
Revised September 2020 © ZippyCrowd 2020
Welcome to ZippyCrowd (the “Company” or “ZippyCrowd”).
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the zippycrowd.com website (the “Service”) operated by Zippy Crowd Pty Ltd (“us”, “we”, or “our”).
This Agreement may be updated by the Company from time to time, such updates will be effective upon the Company posting the updates in the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You warrant that you are at least 16-years-old and you are legally capable of entering into binding contracts. If you are under 16-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service, you accept this Agreement and agree to the terms & conditions and consent to have this Agreement and all notices provided to you in electronic form. This Agreement may be updated by us from time to time, such updates will be effective upon the us posting the updates in the Service. Your consent will cease if and when you stop using the Service and terminate your account.
ZippyCrowd operates an online personal recommendation platform (collectively, the “Service”) found at www.zippycrowd.com allowing users (“User” or “You”) to create trusted crowds, ask for recommendations, search for services, recommend trusted people to their crowds, offer services, and share out to social.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Service Scope and Content
ZippyCrowd provides an online personal recommendation platform for people to discover and exchange recommendations for trusted businesses and service providers. ZippyCrowd provides the platform facility only.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute.
You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause and make such records available upon our reasonable request. Information related to the content of user profiles, posts and communication with other users is supplied by the users.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We are also under no obligation to review, approve or verify any user provided information prior to publication on the Service. You agree that the Company has no responsibility and makes no warranty as to the truth or accuracy of any information provided by Users including, but not limited to, the ability of users to deliver services, or the honesty and accuracy of any information provided by users in their profiles and posts.
We reserve the right to modify or remove any Content at any time. You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You agree to be fully responsible for activities that relate to your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Zippy Crowd PTY LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Zippy Crowd PTY LTD. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Profile: You are required to display your real photo, full name name and approximate location (Suburb, City, Country). You may display more information if you choose so, such as skills and additional contact details.
Asks: If you are looking for someone you can trust to get the job done, you can create, post and share and Ask for recommendations. Your Ask will be published on the crowdfeed, and you can share it out via Facebook, Messenger and Whatsapp.
Services: If you work for yourself, or are running your own business, you may decide to make the most out of the Service, by adding up to three Services to your profile on a free plan.
Trusted Crowd: Trusted recommendations form an integral part of the Service. You are highly encouraged to invite your friends, and trusted people in your business circles to join your trusted crowd.
Crowdfeed: as part of the Service you can post an Ask (asking for recommendation) or post a Service (offering service) on the Service Crowdfeed. Your posts will be public, and visible to your connected crowds on ZippyCrowd.
Recommending: ‘Recommend a friend’ is the feature that allows you to recommend anyone in your trusted crowd on the Service into any post as a way of recommendation.
Messaging: You can communicate directly with any ZippyCrowd member via private messaging service or via any other means of communication other users made available to you.
Notifications: You will be notified both through Notifications on your account and via email linked to your account of any new messages, recommendations and crowd zips you receive.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Zippy Crowd PTY LTD.
Zippy Crowd PTY LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Zippy Crowd PTY LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Communication with Other Users
You are solely responsible for your interactions with other users. The company makes no representations or warranties as to the backgrounds, statements and/or conduct of the users.
In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, and/or any other damages resulting from communications or meetings with other Service users.
Content You Post
You are solely responsible for the content and information that you post, display or make available on the Service or share with other users, including chat, photographs, or profile information, whether publicly posted or privately shared (collectively, “Content”).
You must not communicate any offensive, misleading, abusive, obscene, threatening, intimidating, racially or in other ways offensive, or illegal material.
You represent and warrant that all information you submit upon creation of your account is accurate and truthful.
You agree that the Company may review any Content you post as part of a Service. The Company may delete any Content, that in the sole judgment of the Company breaches this Agreement or may harm the reputation of the Service or the Company.
By posting Content as part of the Service, you automatically grant to the Company an irrevocable, non-exclusive, transferable, royalty-free, worldwide right and license to use, reproduce, modify and adapt the any content and information posted on the Service for the purpose of including that material and information on the Service and as otherwise may be required to provide the Service, for the general promotion of the Service and as permitted by this Agreement.
You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party, and will not be, in any way whatsoever, potentially or actually harmful to the Company.
Following is a partial list of the kind of Content that is prohibited in the Service.
You may not post, upload, display or otherwise make available Content that:
- promotes racism, hatred or physical harm of any kind against any group or individual;
- promotes harassment, intimidation and/or is otherwise defamatory and libellous;
- is intended to defraud other users of the Service;
involves the transmission of “junk mail”, or unsolicited mass mailing or “spamming”;
- promotes false and misleading information and illegal activities or conduct;
- contains viruses and harmful, disruptive codes, components or devices;
- impersonates or misrepresents affiliation or association with any person or entity;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- violates any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, export and import control, , unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
The Company reserves the right to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process, to enforce this Agreement, to respond to claims that any Content violates the rights of third parties or to protect the rights, property or personal safety of the Company or any other person.
You agree that Content you place on the Service may be viewed by other users and may be viewed by any person visiting the Service.
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful. The following is a partial list of the type of actions that you may not engage in with respect to the Service.
You will not:
- impersonate any person or entity;
- post any prohibited by this Agreement Content;
- “stalk” or harass any person;
- imply that any statements you make are endorsed by the Company;
- use the Service in an illegal manner;
- use any robot, site search/retrieval application, or other device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to the Service;
- interfere with or disrupt the Service or the servers or networks connected to the Service;
- email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- “frame” or “mirror” any part of the Service, without the Company’s prior written authorization;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service;
This Agreement will remain in full force and effect while you use the Service and/or have a ZippyCrowd account. If you wish to terminate your account, you may simply discontinue using the Service and remove your account following the instructions in your account settings.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service, copying, distributing, or downloading Content from the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Zippy Crowd PTY LTD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
The Customer owns the rights to its data as data controller, and the service acts as data processor on the Customer’s behalf. All processing by the service of the personal data and other data provided by the Customer shall be in accordance with the applicable laws. The service’s processing of personal data on behalf of the Customer shall therefore only be done in order to provide the Product and shall be subject to the Customer’s written instructions.
The Customer is obligated to keep user logins and passwords to the Product secret from any unauthorized users or third parties. The Customer is obligated to ensure that the personal data provided by the Customer and used in the Product is processed by the Customer in accordance with all applicable laws. The Customer is obligated to ensure that the Customer’s data provided in the Product, including personal data, do not violate any third party intellectual property rights and/or any applicable legislation.
The service is entitled to delete any data that in the sole discretion of the service constitutes a breach of the aforesaid undertaking by the Customer, and the Customer will not be entitled to any compensation in that respect.
Facebook Pixel Integration Feature (coming up)
When you utilize the Facebook Pixel Integration feature of ZippyCrowd, you are placing your Facebook Pixel on your profile and you therefore become the controller of your Facebook data, and you are providing this data to Facebook Inc. By using this feature you agree to Facebook Inc’s terms and agree that you now are in a data controller / data processor relationship with Facebook Inc.
If you have any questions about these Terms, please contact us.