Website Terms & Conditions of Use
1. About the Website
(a) Welcome to zippyreview.com (Website). The Website allows you to access and use ZippyReview (Services).
(b) The Website is operated by TOTALLISTER PTY LTD (ABN 95 155 821 944), trading as ZippyReview. In these Terms, references to "ZippyReview", "we", "us" or "our" mean TOTALLISTER PTY LTD. Access to and use of the Website, or any of its associated products or Services, is provided by ZippyReview. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) ZippyReview reserves the right to review and change any of the Terms by updating this page at its sole discretion. When ZippyReview updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3. About the Service
(a) ZippyReview is a smart review management platform that uses NFC and QR technology to help businesses collect and manage customer reviews.
(b) Free and paid accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
(c) Some accounts may be governed by a separate Software Licensing Agreement with ZippyReview, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
4. Acceptable use of the Service
(a) ZippyReview, its related features, and website must only be used lawfully. ZippyReview reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service:
(i) To engage in any act that would disrupt the access, availability, and security of ZippyReview and other ZippyReview services, including but not limited to:
(A) Tampering with, reverse-engineering, or hacking our servers.
(B) Modifying, disabling, or compromising the performance of ZippyReview or other ZippyReview services.
(C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
(D) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by ZippyReview.
(b) For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
(c) To stalk, harass or threaten users and any member of the public.
(d) To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with ZippyReview or any third party.
(e) To access or search any part of the Service, or any other Service owned by ZippyReview other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
(f) To post, upload, share, or otherwise circulate content in violation of ZippyReview's content policy.
5. Security and Data Privacy
ZippyReview takes your privacy seriously and information provided through your use of the Website and/or Services are subject to ZippyReview's Privacy Policy, which is available on the Website. The Privacy Policy also addresses ZippyReview's processes, policies, and obligations in respect of ZippyReview security breaches.
6. Data Use
ZippyReview collects, stores, and processes your data on ZippyReview. The data is used to provide Services to you, as well as to facilitate ZippyReview's business operations. The Privacy Policy outlines how your data is collected, stored, and processed by ZippyReview. The Privacy Policy also addresses ZippyReview's processes, policies, and obligations in respect of data encryption and removal requests.
7. Review Submissions
(a) When you submit a review through ZippyReview, you acknowledge and agree that:
(i) Your review content, including your rating and written feedback, will be shared with the business you are reviewing;
(ii) Your review data may be shared with third parties as reasonably required to process and deliver the review to the business;
(iii) If you opt to request contact from the business by selecting the "I would like the business to contact me" option, your name, email address, and phone number (if provided) will be shared with the business to enable them to respond to your feedback.
(b) By submitting a review, you warrant that:
(i) The information you provide is accurate and reflects your genuine experience;
(ii) You are of legal age to submit reviews and enter into binding agreements;
(iii) Your review does not contain defamatory, offensive, or unlawful content.
(c) ZippyReview does not edit or moderate review content before it is shared with businesses, and is not responsible for any actions taken by businesses in response to reviews.
8. Subscription to use the Service
(a) In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee). After purchasing a Subscription, you will be considered a member ('Member').
(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
(c) Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to Name, Phone, Address, IP Address, Website URL and payment details.
(e) You warrant that any information you give to ZippyReview in the course of completing the registration process will always be accurate, correct and up to date.
(f) Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms ("User"). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).
(g) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with ZippyReview; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
9. Trial Period
(a) Subscription services may include a trial period of up to 60 days ("Trial Period") during which you may access and use the subscription features without charge.
(b) The Trial Period is available only to new accounts. For the purposes of this clause, a "new account" means an account registered with an email address that has not previously been associated with any ZippyReview account, whether active, inactive, or terminated.
(c) If you have previously held a ZippyReview account under the same email address, or if ZippyReview reasonably determines that an account has been created to circumvent the new account requirement (including but not limited to creating accounts with alternative email addresses), you will not be eligible for the Trial Period and will be charged the applicable Subscription Fee from the commencement of services.
(d) ZippyReview reserves the right to verify account eligibility and to terminate or charge for any Trial Period that has been obtained in violation of these Terms.
10. Product Ownership and Transfer
(a) Physical products purchased through ZippyReview (including but not limited to review cards, plaques, and stands) are assigned to a specific ZippyReview account upon purchase or fulfilment.
(b) Products cannot be transferred from one ZippyReview account to another. Each product remains permanently linked to the account to which it was originally assigned.
(c) If you wish to use ZippyReview products with a different account, you must purchase new products for that account. Products assigned to a previous or deactivated account cannot be reassigned or reactivated under a different account.
(d) ZippyReview does not facilitate, support, or authorise the sale, transfer, or reassignment of ZippyReview products between accounts or between individuals.
11. Payments
(a) ZippyReview offers both physical products (including review cards, plaques, and stands) and subscription-based software services. Payment for physical products and subscription fees may be made by all payment methods available on the Website, and may change from time to time.
(b) Payments made in the course of your use of ZippyReview may be made using third-party applications and services not owned, operated, or otherwise controlled by ZippyReview. You acknowledge and agree that ZippyReview will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for ZippyReview services.
(c) You acknowledge and agree that where a request for payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the payment.
(d) For subscription services, you agree and acknowledge that ZippyReview can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing subscription period.
12. Refund Policy
(a) ZippyReview offers refunds in accordance with the Australian Consumer Law and on the terms set out in these terms and conditions. Any benefits set out in these terms and conditions may apply in addition to consumer's rights under the Australian Consumer Law.
30 Day Money Back Guarantee
(b) ZippyReview offers a 30 day money back guarantee on physical products (review cards, plaques, and stands). To be eligible for a refund under this guarantee:
(i) You must initiate contact with us within 30 days of receiving your order by emailing help@zippyreview.com;
(ii) You are responsible for the cost of return shipping;
(iii) Products must be received by us within 60 days of the date the carrier confirmed delivery. If products are not received within this timeframe, the refund will no longer be available;
(iv) Products must be returned in their original condition.
(c) Once we receive and inspect the returned products, we will process your refund within 10 business days to your original payment method. The refund will be for the product price only. The cost of the original shipping paid at the time of your order is non-refundable and will be deducted from your refund amount.
(d) This does not affect your rights under the Australian Consumer Law.
Subscription Service
(e) ZippyReview will only provide you with a refund of the Subscription Fee in the event we are unable to continue to provide the subscription services or if the manager of ZippyReview makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by you.
(f) This does not affect your rights under the Australian Consumer Law.
13. Shipping and Replacement Policy
(a) ZippyReview ships physical products (review cards, plaques, and stands) to customers using third-party carriers. Delivery timeframes shown on the Website are estimates and may vary depending on carrier service levels and destination.
(b) ZippyReview is responsible for physical products that are lost or damaged in transit, subject to the conditions set out in this clause. Any benefits set out in this clause apply in addition to your rights under the Australian Consumer Law.
Damaged in Transit
(c) If your order arrives damaged, you must:
(i) notify ZippyReview by emailing help@zippyreview.com within 14 days of receiving your order; and
(ii) provide clear photographs of both the damaged products and the outer packaging.
(d) Once we have received and reviewed the photographs, ZippyReview will arrange a replacement of the damaged products at our cost. You will not be charged for the replacement products or any associated shipping costs.
Lost in Transit
(e) If your order does not arrive within the carrier's estimated delivery window and you reasonably believe it has been lost, you must notify ZippyReview by emailing help@zippyreview.com and provide any tracking information or correspondence you have received from the carrier.
(f) On receipt of your notification, ZippyReview will lodge an enquiry with the carrier. Once the carrier formally confirms that the parcel has been lost, ZippyReview will arrange a replacement of the lost products at our cost.
(g) For the avoidance of doubt, replacement under this clause will only be provided once carrier confirmation of loss has been received. We will not provide replacements where a parcel is delayed but has not been confirmed as lost by the carrier.
(h) This does not affect your rights under the Australian Consumer Law.
14. Product Warranty
(a) ZippyReview warrants its physical products (review cards, plaques, and stands) against defects in materials and workmanship for a period of 12 months from the date the carrier confirmed delivery of your order, or, where the carrier did not confirm delivery, from the date your order was dispatched.
(b) To make a claim under this warranty, you must notify ZippyReview by emailing help@zippyreview.com within the warranty period and provide your order details together with a description and, where possible, photographs of the defect.
(c) Where we determine that a product is defective, ZippyReview will, at our discretion, repair or replace the affected product at our cost, including any associated shipping costs.
(d) This warranty does not cover defects or damage caused by misuse, accident, neglect, unauthorised modification, normal wear and tear, or failure to use the product in accordance with any instructions provided.
(e) This warranty is in addition to, and does not affect, your rights under the Australian Consumer Law.
15. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of ZippyReview are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by ZippyReview or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by ZippyReview, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
(c) ZippyReview does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by ZippyReview.
(d) ZippyReview retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(e) You may not, without the prior written permission of ZippyReview and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
16. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) ZippyReview will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of ZippyReview make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ZippyReview) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of ZippyReview; and
(iv) the Services or operation in respect to links which are provided for your convenience.
17. Limitation of Liability
(a) ZippyReview's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that ZippyReview, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
18. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by ZippyReview as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) not renewing the Subscription prior to the end of the Subscription Period;
(ii) providing ZippyReview with 14 days' notice of your intention to terminate; and
(iii) closing your accounts for all of the services which you use, where ZippyReview has made this option available to you.
(c) Any notices pursuant to Clause 18.2 above should be sent, in writing, to ZippyReview via the 'Contact Us' link on our homepage.
(d) ZippyReview may at any time, terminate the Terms with you if:
(i) you do not renew the Subscription at the end of the Subscription Period;
(ii) you have breached any provision of the Terms or intend to breach any provision;
(iii) ZippyReview is required to do so by law;
(iv) the provision of the Services to you by ZippyReview is, in the opinion of ZippyReview, no longer commercially viable.
(e) Subject to local applicable laws, ZippyReview reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts ZippyReview's name or reputation or violates the rights of those of another party.
19. Indemnity
You agree to indemnify ZippyReview, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
20. Dispute Resolution
20.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
20.2 Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
20.3 Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the 'Conflict Resolution Service';
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
20.4 Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
20.5 Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
21. Venue and Jurisdiction
The Services offered by ZippyReview is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria.
22. Governing Law
The Terms are governed by the laws of Victoria. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
23. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
24. Third-Party Platforms and Trademarks
(a) ZippyReview is an independent platform. ZippyReview is not affiliated with, endorsed by, sponsored by, or otherwise officially connected to Google LLC, Meta Platforms, Inc. (including Facebook and Instagram), TripAdvisor LLC, Yelp Inc., or any other third-party review platform referenced on the Website or within the Services.
(b) All product names, logos, brand names, and trademarks referenced on the Website or within the Services are the property of their respective owners. Use of these names, logos, and trademarks does not imply endorsement or any form of association with ZippyReview.
(c) The Services and physical products are designed to facilitate and encourage customers to submit genuine reviews on third-party review platforms of the business's choosing. ZippyReview does not control, operate, or have any responsibility for the content, policies, availability, or operation of any third-party review platform.
(d) Your use of any third-party review platform is governed by the terms and conditions of that platform. ZippyReview makes no representation or warranty regarding the acceptance, publication, retention, or removal of any review submitted to a third-party platform.
25. Contact Us
For further information about our terms & conditions please contact us at legal@zippyreview.com