terms and conditions
These Terms and Conditions of Use (T&Cs) apply when you visit the website at https://zebrasaus.com.au/ operated by Kinsoma Pty Ltd (ACN 646 767 571) trading as Zebras Australia (Zebras, us, our or we) or you access the website https://patreon.com/zebrasaustralia operated by Patreon, Inc (Online Platform). Your access to and use of the Online Platform, including your order of products through the Online Platform, is subject to these T&Cs. These T&Cs also apply to the sale of any products via methods other than the Online Platform, including sales by telephone, in person or other means, unless otherwise agreed in writing. If you disagree with any part of these T&Cs, you must cease usage of the Online Platform, or any services, immediately.
By accessing or using the Online Platform you acknowledge and agree to be bound by these T&Cs.
If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Online Platform.
INFORMATION DISCLAIMER
The information contained on the Online Platform is provided in good faith on an "as is" basis. Zebras does not represent or warrant the reliability, accuracy or completeness of the information contained on the Online Platform. To the extent permitted by law, Zebras is not responsible or liable for any liabilities arising in any way for errors in, or omissions from, the information on the Online Platform.
CHANGES TO THESE T&CS
These T&Cs are effective from 30th August 2024. Each time you access the Online Platform, you will be taken to be agreeing to the T&C’s. We may change these T&Cs at any time by publishing a revised version of the T&Cs on the Online Platform, and such modifications will be effective as soon as they are posted on the Online Platform. By continuing to use the Online Platform after these T&Cs have been modified, you agree to be bound by the changes to these terms and conditions. You acknowledge and agree that the onus is on you to check to see if any changes have been made to the T&Cs since your last visit on this page.
Prices are subject to change from time to time and shall be reflected on the Online Platform. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All prices are quoted in Australian Dollars and all credit cards are charged in Australian Dollars. You acknowledge and agree that the onus is on you to check to see if any changes have been made to the Prices since your last visit on the Online Platform.
INTELLECTUAL PROPERTY
You:
The Online Platform and any ancillary materials or documents owned or used by Zebras in connection with its products and services may contain registered trademarks which are protected by law and other branding, images, content which constitute the intellectual property of Zebras (or its clients). You must not use any of the marks or trademarks appearing on the Online Platform or our name or the names of our related bodies corporate or any of our intellectual property without our prior written consent.
THIRD PARTY CONTENT AND SOCIAL MEDIA
You acknowledge and agree that any third partythird-party content on our Online Platforms represent the thoughts, sentiments and intentions of that third party and not the views of Zebras. In addition, you acknowledge and agree that Zebras shall not be liable for any offensive, pornographic, defamatory, incorrect, false, obscene, or otherwise unlawful content (Prohibited Content) posted on our Online Platforms by third parties.
The social media and digital platforms that are operated by Zebras are only to be accessed and viewed for those that are over 18.
You must not post any Prohibited Content on any website, social media or digital platform that is operated or owned by Zebras.
YOUR OBLIGATIONS
You covenant and warrant that:
You must not:
Unauthorised use of the Online Platform may give rise to a claim for damages by s against you and/or may be a criminal offence which may lead to legal action against you.
VIRUSES
Zebras does not claim that any information (including any files) obtained from or through the Online Platform is free from viruses or other faults or defects.
You are responsible for scanning any information for viruses. You agree that Zebras has no responsibility or liability to you or any other person for any liabilities which may be the direct or indirect result of any such viruses.
If Zebras is found to be liable this will be limited to the cost of supplying the information again.
LINKS
Zebras and our users may provide links and pointers to internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on these third-party sites.
COOKIES
We may use temporary (session) cookies or permanent cookies when you access our Online Platforms. This allows us to recognise your browser and track the web pages you have visited. You can switch off cookies by adjusting the settings on your web browser.
REGISTRATION
You may be asked to complete a registration process through the Online Platform. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy.
This website may contain links to other websites (Third-Party Websites), including but not limited, websites owned by Patreon, Inc. We are not responsible for the terms and conditions, or privacy practices associated with any Third-Party Websites.
TERMINATION AND/OR SUSPENSION OF ACCOUNT
We may terminate this agreement and/or suspend this agreement, with or without notice to you, if we reasonably suspect:
you have breached these T&Cs; and/or
AUSTRALIAN CONSUMER LAW
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your engagement and obtain a refund for the unused portion of your engagement with us.
For queries in relation to your rights in relation to the services please contact Zebras via the contact details below.
RISK DISCLAIMER
You understand that participation in any activities with us, including but not limited to any classes or consultations at our studio or online classes, may be physically strenuous, and you voluntarily participate in them with full knowledge that there is a risk of injury, property loss or death.
You agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind against us for any personal injury property damage/loss, or wrongful death, whether caused by negligence or otherwise that is caused or contributed to by your use of the Online Platform.
Despite anything to the contrary, to the maximum extent permitted by the law, you agree to indemnify us and hold us harmless in respect of any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with your participation in any activities offered by us and/or the use of the Online Platform.
You acknowledge that your participation in any classes at our studio and/or consultations at our studio and/or online classes via the Online Platform may constitute a ‘recreational services’ and/or is dangerous and that there is a significant and obvious risk to your health and safety in participating in these activities. The potential risks include, but are not limited to: (i) death; (ii) physical or mental injury (e.g. twists, sprains, broken bones, spinal injury, paralysis); (c) contraction, aggravation, or acceleration of a disease; and (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstances, occurrence, activity, form of behaviour, or curse of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community or that may result in harm or disadvantage to you or the community.
LIMITATION OF LIABILITY
We do not warrant the suitability of the Online Platform.
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Zebras, its officers, employees, agents and content creators accept no liability for any loss, damage, illness or injury arising from:
If we are found liable at law, then our liability is reduced to the extent (if any) that you cause or contribute to the loss or damage. Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Zebras’ option, to:
GENERAL PROVISIONS
If the whole or any part of a provision of these T&Cs is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these T&Cs has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
These T&Cs are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
CONTACT
You can contact Zebras at the following details:
careteam@zebrasaus.com.au
Level 1, 369-371 Bridge Road, Richmond, VICTORIA 3121
Version Date: August 2024
By accessing or using the Online Platform you acknowledge and agree to be bound by these T&Cs.
If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Online Platform.
INFORMATION DISCLAIMER
The information contained on the Online Platform is provided in good faith on an "as is" basis. Zebras does not represent or warrant the reliability, accuracy or completeness of the information contained on the Online Platform. To the extent permitted by law, Zebras is not responsible or liable for any liabilities arising in any way for errors in, or omissions from, the information on the Online Platform.
CHANGES TO THESE T&CS
These T&Cs are effective from 30th August 2024. Each time you access the Online Platform, you will be taken to be agreeing to the T&C’s. We may change these T&Cs at any time by publishing a revised version of the T&Cs on the Online Platform, and such modifications will be effective as soon as they are posted on the Online Platform. By continuing to use the Online Platform after these T&Cs have been modified, you agree to be bound by the changes to these terms and conditions. You acknowledge and agree that the onus is on you to check to see if any changes have been made to the T&Cs since your last visit on this page.
Prices are subject to change from time to time and shall be reflected on the Online Platform. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All prices are quoted in Australian Dollars and all credit cards are charged in Australian Dollars. You acknowledge and agree that the onus is on you to check to see if any changes have been made to the Prices since your last visit on the Online Platform.
INTELLECTUAL PROPERTY
You:
- acknowledge that copyright in the Online Platform, the software, design, text, graphics, photos, sounds, music, videos, interactive features and the like comprised in the Online Platform, the selection and layout of the Online Platform and the content and materials on the Online Platform (together, the Materials) are owned by or licensed to us;
- must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, distribute in any way or communicate to the public any Material without our prior written consent; and
- must not frame or embed in another website any of the Material appearing on the Online Platform without our prior written consent.
THIRD PARTY CONTENT AND SOCIAL MEDIA
You acknowledge and agree that any third partythird-party content on our Online Platforms represent the thoughts, sentiments and intentions of that third party and not the views of Zebras. In addition, you acknowledge and agree that Zebras shall not be liable for any offensive, pornographic, defamatory, incorrect, false, obscene, or otherwise unlawful content (Prohibited Content) posted on our Online Platforms by third parties.
The social media and digital platforms that are operated by Zebras are only to be accessed and viewed for those that are over 18.
You must not post any Prohibited Content on any website, social media or digital platform that is operated or owned by Zebras.
YOUR OBLIGATIONS
You covenant and warrant that:
- all information and data provided by you to us through the Online Platform (including as part of any customer registration process) or otherwise is true, accurate, complete and up to date;
- you have and will comply with all relevant laws relating to your use of the Online Platform;
- you will ensure that any login details and password that is used to access the Online Platform and the details of any of your accounts is kept in a safe and secure manner;
- you will promptly notify us if you are or become aware that there is or has been an unauthorised use of any login details and password or account, or any other security breach relating to any of your accounts;
- you will promptly advise us of any changes to your information provided to us as part of any registration process;
- you are responsible for any costs associated with your access to or use of the Online Platform, including internet access fees;
- you are responsible and liable for any person that uses any of your login details and password through the Online Platform.
- use the Online Platform for any activities that breach any laws, infringe a third party’s rights or are contrary to any relevant standards or codes;
- use the Online Platform in a manner or way, or post to or transmit to or via the Online Platform any material, which interferes with other users or our other customers or defames, harasses, threatens, menaces or offends any person or which prevents any other person from using or enjoying the Online Platforms;
- make fraudulent or speculative enquiries or requests through the Online Platform;
- use another person’s details without their permission or impersonate another person when using the Online Platform;
- post or transmit any obscene, indecent, inflammatory or pornographic material or any other material that may give rise to civil or criminal proceedings;
- tamper with or hinder the operation of the Online Platform;
- knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Online Platforms;
- use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Online Platform;
- modify, adapt, translate or reverse engineer any portion of the Online Platform;
- remove any copyright, trade mark or other proprietary rights notices contained in or on the Online Platform;
- create accounts by automated means or under false or fraudulent pretences;
- use the Online Platform to violate the security of any computer or other network or engage in illegal conduct;
- take any action that imposes or that would, in our reasonable opinion, result in an unreasonable or disproportionately large load on our infrastructure;
- use the Online Platform other than in accordance with these T&Cs; or
- attempt any of the above acts or engage or permit another person to do any of the above acts.
VIRUSES
Zebras does not claim that any information (including any files) obtained from or through the Online Platform is free from viruses or other faults or defects.
You are responsible for scanning any information for viruses. You agree that Zebras has no responsibility or liability to you or any other person for any liabilities which may be the direct or indirect result of any such viruses.
If Zebras is found to be liable this will be limited to the cost of supplying the information again.
LINKS
Zebras and our users may provide links and pointers to internet sites maintained by third parties. We do not operate or control in any respect any information, products or services on these third-party sites.
COOKIES
We may use temporary (session) cookies or permanent cookies when you access our Online Platforms. This allows us to recognise your browser and track the web pages you have visited. You can switch off cookies by adjusting the settings on your web browser.
REGISTRATION
You may be asked to complete a registration process through the Online Platform. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy.
This website may contain links to other websites (Third-Party Websites), including but not limited, websites owned by Patreon, Inc. We are not responsible for the terms and conditions, or privacy practices associated with any Third-Party Websites.
TERMINATION AND/OR SUSPENSION OF ACCOUNT
We may terminate this agreement and/or suspend this agreement, with or without notice to you, if we reasonably suspect:
you have breached these T&Cs; and/or
- you commit any dishonest or fraudulent act in relation to the Online Platform and/or these T&Cs; and/or
- you behave in a manner which in the reasonable opinion of us might tend to adversely affect the image of us; and/or
- you infringe any intellectual property right or privacy, moral or publicity right of us or any third-party.
AUSTRALIAN CONSUMER LAW
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your engagement with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your engagement and obtain a refund for the unused portion of your engagement with us.
For queries in relation to your rights in relation to the services please contact Zebras via the contact details below.
RISK DISCLAIMER
You understand that participation in any activities with us, including but not limited to any classes or consultations at our studio or online classes, may be physically strenuous, and you voluntarily participate in them with full knowledge that there is a risk of injury, property loss or death.
You agree that neither you, your heirs, assigns or legal representatives will sue or make any other claims of any kind against us for any personal injury property damage/loss, or wrongful death, whether caused by negligence or otherwise that is caused or contributed to by your use of the Online Platform.
Despite anything to the contrary, to the maximum extent permitted by the law, you agree to indemnify us and hold us harmless in respect of any liability that we may suffer, incur or otherwise become liable for, arising from or in connection with your participation in any activities offered by us and/or the use of the Online Platform.
You acknowledge that your participation in any classes at our studio and/or consultations at our studio and/or online classes via the Online Platform may constitute a ‘recreational services’ and/or is dangerous and that there is a significant and obvious risk to your health and safety in participating in these activities. The potential risks include, but are not limited to: (i) death; (ii) physical or mental injury (e.g. twists, sprains, broken bones, spinal injury, paralysis); (c) contraction, aggravation, or acceleration of a disease; and (d) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstances, occurrence, activity, form of behaviour, or curse of conduct or state of affairs that is or may be harmful or disadvantageous to you or the community or that may result in harm or disadvantage to you or the community.
LIMITATION OF LIABILITY
We do not warrant the suitability of the Online Platform.
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), Zebras, its officers, employees, agents and content creators accept no liability for any loss, damage, illness or injury arising from:
- your access to or use of the Online Platform; or
- the information on the Online Platform; or
- the provision of any services and products to you which are available on the Online Platform.
If we are found liable at law, then our liability is reduced to the extent (if any) that you cause or contribute to the loss or damage. Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Zebras’ option, to:
- the supply of the information again; or
- the payment of the cost of having the information supplied again or rectified.
GENERAL PROVISIONS
If the whole or any part of a provision of these T&Cs is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these T&Cs has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
These T&Cs are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.
CONTACT
You can contact Zebras at the following details:
careteam@zebrasaus.com.au
Level 1, 369-371 Bridge Road, Richmond, VICTORIA 3121
Version Date: August 2024
