Zip Code Technology LICENSE & Terms of AGREEMENT

 

 

 

Zip Code Technology LICENSE & Terms AGREEMENT

This License Agreement strictly prohibits You from using the Zip Code Technology Software on any device other than a Zip Code Technology Device.

You are also prohibited from removing any Zip Code Technology copyright notice or brand or modifying any user interface of the Zip Code Technology Software or any Zip Code Technology Device.

NOTICE

This is a legal agreement between You and Zip Code Technology Networks, Inc. ("Zip Code Technology"). YOU MUST READ AND AGREE TO THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT") BEFORE ANY Zip Code Technology  CAN BE DOWNLOADED OR INSTALLED OR USED. BY CLICKING ON THE "ACCEPT" BUTTON OF THIS AGREEMENT, OR DOWNLOADING Zip Code Technology , OR INSTALLING Zip Code Technology , OR USING Zip Code Technology , YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE AND NOT DOWNLOAD OR INSTALL OR USE ANY . BY DOING SO YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO DOWNLOAD OR INSTALL OR USE Zip Code Technology .

 

DEFINITIONS

For the purpose of this Agreement, the following terms shall have the following meanings:

 • "Open Source Software" means any software or software component, module or package that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software or similar licensing or distribution models, including, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (a) CC Creative Commons and or MIT and or GNU's General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the Artistic License (e.g., PERL); (c) the Mozilla Public License; (d) the BSD License; and (e) the Apache License;

 • "Zip Code Technology Device" means a Zip Code Technology networking device that You purchase or otherwise rightfully acquire;

 • "Zip Code Technology Software" means the software in object code form made available by Zip Code Technology for Zip Code Technology Devices; and

 • "You(r)" means the company, entity or individual who owns or otherwise rightfully acquires the Zip Code Technology Device into which the Zip Code Technology Software is or will be incorporated.

 

LICENSE GRANT

Zip Code Technology grants You a non-exclusive, non-transferable license to use the copy of the Zip Code Technology Software and accompanying documentation and any updates or upgrades thereto provided by Zip Code Technology according to the terms set forth below.

 

USES AND RESTRICTIONS

 

 a You may:

 

 c download and use the Zip Code Technology Software solely in Zip Code Technology Devices, and make copies of the Zip Code Technology Software as reasonably necessary for such use, provided that You reproduce, unaltered, all proprietary notices on or in the copies.

 

 

 a You may not, and shall not permit others to:

 b

 c use the Zip Code Technology Software on any devices or products that are not owned by You or Your business organisation;

 d use the Zip Code Technology Software on any non-Zip Code Technology Devices;

 e copy the Zip Code Technology Software (except as expressly permitted above), or copy the accompanying documentation;

 f modify, translate, reverse engineer, decompile, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Zip Code Technology Software, including without limitation any such mechanism used to restrict or control the functionality of the Zip Code Technology Software, or (ii) to derive the source code or the underlying ideas, algorithms, structure or organisation from the Zip Code Technology Software (except that the foregoing limitation does not apply to the extent that such activities may not be prohibited under applicable law); or

 g distribute, rent, transfer or grant any rights in the Zip Code Technology Software or modifications thereof or accompanying documentation in any form to any person without the prior written consent of Zip Code Technology.

 h remove any Zip Code Technology copyright notice or Zip Code Technology branding from the Zip Code Technology Software or modify any user interface of the Zip Code Technology Software or Zip Code Technology Device.

 

This license is not a sale. Title and copyrights to the Zip Code Technology Software, and any copy made by You remain with Zip Code Technology and its suppliers. Unauthorised copying of the Zip Code Technology Software or the accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Zip Code Technology other legal remedies.

OPEN SOURCE

You hereby acknowledge that the Zip Code Technology Software may contain Open Source Software. You agree to review any documentation that accompanies the Zip Code Technology Software or is identified in the documentation for the Zip Code Technology Software in order to determine which portions of the Zip Code Technology Software are Open Source Software and are licensed under an Open Source Software license. To the extent any such license requires that Zip Code Technology provide You the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to You in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software. You acknowledge that the Open Source Software license is solely between You and the applicable licensor of the Open Source Software. You shall comply with the terms of all applicable Open Source Software licenses, if any. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files as disclosed by request or at http://www.zipcode.tech

 

 

TERMINATION

This license will continue until terminated. Unauthorised copying of the Zip Code Technology Software or failure to comply with the above restrictions will result in automatic termination of this Agreement and will make available to Zip Code Technology other legal remedies. This license will also automatically terminate if You go into liquidation, suffer or make any winding up petition, make an arrangement with Your creditors, or suffer or file any similar action in any jurisdiction in consequence of debt. Upon termination of this license for any reason You will destroy all copies of the Zip Code Technology Software. Any use of the Zip Code Technology Software after termination is unlawful.

 

WARRANTY DISCLAIMER

THE Zip Code Technology , INCLUDING WITHOUT LIMITATION ANY OPEN SOURCE , AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND Zip Code Technology AND ITS SUPPLIERS MAKE, AND YOU RECEIVE, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND Zip Code Technology AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND THEIR EQUIVALENTS. Zip Code Technology does not warrant that the operation of the Zip Code Technology Software will be uninterrupted or error free or that the Zip Code Technology Software will meet Your specific requirements. You acknowledge that Zip Code Technology has no support or maintenance obligations for the Zip Code Technology Software.

 

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED, IN NO EVENT WILL Zip Code Technology OR ITS SUPPLIERS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE SUPPLY OR USE OF THE Zip Code Technology , HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF Zip Code Technology OR AN AUTHORISED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL ZIP CODE TECHNOLOGY LIABILITY EXCEED FIVE DOLLARS (AU $5). YOU ACKNOWLEDGE THAT THIS PROVISION REFLECTS A REASONABLE ALLOCATION OF RISK.

 

 

 

 

 

WEB AGREEMENT

23rd DEC 2017

 

“ This Agreement initiates the transfer of ownership of a digital medium referred to as USER Site to USER

Transfer of Ownership includes the following

- All USER Site related rights and developed IP
- Development and Moral Rights regarding the USER Site “

1#General Information
Zip Code Technology Pty Ltd, hereafter referred to as Zip Code Website Transfer, provides the following terms of service. By using Zip Code's service(s) you, hereafter referred to as USER, agree to the following terms and conditions. This document outlines the terms and conditions of Zip Code's services, hereafter referred to as Service, the obligation of the USER and the obligation of Zip Code. Zip Code Website Transfer provides its Service to the USER as subject to the following Terms of Service, hereafter referred to as TOS. The TOS may be updated at any time with notice to the USER.

2#Refusal of Service
Zip Code Website Transfer reserves the right to refuse service to anyone for

any reason. This includes, but is not limited to, refusal to serve clients whose sites contain content deemed adult related, sexual products, nudity, persecution, slander, illegal activities, illegal goods or drugs, information used to harm any people or animals, or information used to destroy other peoples intellectual property.

3#Confidential Information

Zip Code Website Transfer will not use or disclose to others without USER's written consent USER's confidential information, except when reasonably

necessary to perform the Service under this Agreement. "Confidential information" includes, but is not limited to:

 . 1  The written, printed, graphic or electronically recorded materials furnished.

 . 2  USER's business plans, customer lists, operating procedures, trade
secrets, design formulas, know-how and processes, computer programs and
inventories, discoveries and improvements of any kind

 . 3  Any written or tangible information stamped "confidential," "proprietary" or
with a similar legend, and

 . 4  Any written or tangible information not marked with a confidentiality legend,
or information disclosed orally to Zip Code, that is treated as confidential when disclosed and later summarised sufficiently for identification purposes in a written memorandum marked "confidential" and delivered to Zip Code Website Transfer within thirty days after the disclosure.

 . 5  Zip Code Website Transfer shall not be restricted in the use of any material which is publicly available, already in Zip Code' possession or known to Zip Code Website Transfer without restriction, or which is rightfully obtained by Zip Code Website Transfer from sources other than USER.

 . 6  Zip Code's obligations regarding proprietary or confidential information extend to information belonging to customers and suppliers of USER about whom Zip Code Website Transfer may have gained knowledge as a result of Zip Code's Service to USER.

 . 7  Zip Code Website Transfer will not disclose to USER information or material that is a trade secret of any third party.

 . 8  The provisions of this clause shall survive any termination of this Agreement.

 . 9  Please see our privacy and non-disclosure policies for additional information.

 . 10  if Zip Code Website Transfer is acquired by or merged with another
company, in which case Zip Code Website Transfer will notify USER.

4 #Services
USER understands and agrees to the following scopes of responsibility of Zip Code Website Transfer according to each service which it provides:

 . 1  USER Site Ownership IP and Development Transfer
The USER Site Ownership Transfer includes the migration of USER data, specified as files, databases, websites and email accounts, to the extent paid for by USER according to Zip Code's current migration service pricing. This service is provided "AS-IS" and Zip Code Website Transfer assumes no responsibility for the errors, omissions, or other problems related to the Ownership Transfer Service.

 . 2  Data Storage
On this occasion all Data Storage has being allocated to WIX and Zip Code Website Transfer assumes no responsibility for any loss or corrupted data caused by or in connection with this service.

5#Duties of USER
USER must supply to Zip Code Website Transfer at the time of

authorisation a confirmation statement, signed at the bottom of page 5. USER shall inform Zip Code Website Transfer of any existing errors, In the event that USER, does not make contact, by phone or by email, with

Zip Code Website Transfer for a length of time equal to or greater than fourteen days, said USER's open project will be considered an abandoned project at that time and marked as archived by Zip Code. In addition, the USER must make known to Zip Code, in writing by email, any problems or issues related to the Service provided by Zip Code Website Transfer within fourteen days of signed confirmation if Zip Code Website Transfer is to attempt to fix any errors, after which time the contract is complete, and no further work can or will be completed by Zip Code. USER agrees by signing up for Zip Code's Service that Zip Code Website Transfer provides a service and not a product.

6 #Billing Policy
USER agrees to pay fees for any work or consultation which Zip Code Website Transfer performs for them in accordance with Zip Code's current pricing.

7#Refunds
Website Transfer is a service, not a product. Full refunds are only available if

there have been no services rendered to the USER.

8 #Charge Backs

Because the Website Transfer is a service and not a product , full refunds are not available once any kind of service has been rendered to USER. Zip Code Website Transfer prefers working with customers rather then seeing a Charge Back. If USER will contact Zip Code's billing department instead of issuing a charge back, then Zip Code Website Transfer can work with USER to achieve a desired results or an appropriate compromise. USER agrees that a maximum amount of fifty percent of the fees charged to USER for the Service in question during a Charge Back can ever be reimbursed to the USER. USER also agrees that a seventy-five dollar fee per charge back will be charged as a separate charge for any Charge Backs that USER issues.

9#Independent Contractor
The parties acknowledge that they are independent of each other, and that they have no right or authority to assume or create any obligations of any kind, whether express or implied, on behalf of the other except as may be expressly provided in this Agreement. Zip Code Website Transfer is not an employee or agent of USER. Nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency or employment relationship between Zip Code Website Transfer and USER. Zip Code Website Transfer shall have no responsibility for any of USER's debts, liabilities or other obligations or for the intentional, reckless, negligent or unlawful acts or omissions of USER or USER's employees or agents. USER may not bind Zip Code Website Transfer in any way

whatsoever with respect to third parties. Zip Code Website Transfer retains sole and absolute discretion, independence, control and judgment in the manner and means of doing business and performing services to USER and/or its clients. USER agrees to indemnify and hold Zip Code Website Transfer harmless from and against any such payments or liabilities for which USER may become liable with respect to such matters.

10 #Liability
USER agrees that Zip Code Website Transfer shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to be caused by, or in connection with the use of or reliance on any content, goods or Service available on or through Zip Code's website or Service. USER understands and agrees that Zip Code Website Transfer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Zip Code Website Transfer has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The cost of procurement of substitute goods and Services resulting from any goods, data, information, Service, whether purchased or obtained, or messages received or transactions entered into through or from the Service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party of the Service; or (v) any other matter relating to the Service.

 . 11  #Governing Law
These Terms shall be governed by the laws of QLD, Australia if involved
before a court in a lawsuit outside of the State of QLD, shall be deemed to support and to stipulate to a motion made by Zip Code Website Transfer to dismiss said lawsuit with respect to Zip Code.

 . 12  #Copyright, Trademarks, Servicemarks
Zip Code Website Transfer logo, other Zip Code Website Transfer logos,
product and service names are trademarks or service marks of Zip Code. Zip Code Website Transfer does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by the USER as a result of an advertisement or any other information or offer in or in connection with the Service. USER hereby acknowledges that any reliance upon any Materials shall be at the USER's sole risk. Zip Code Website Transfer reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in

any portion of the Service.
The use of the Zip Code name, logo, or other identifying features is prohibited. If USER or anyone else wishes to use the Zip Code Website Transfer name or logo, they must have permission of Zip Code.

13 #Warranty
The Service provided by Zip Code Website Transfer is on an "AS-IS" basis, and Zip Code Website Transfer expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any materials and products. In no event shall Zip Code Website Transfer be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the materials and the products.

 . 14  #Scope of Agreement
This TOS constitutes the entire agreement between the USER and Zip
Code Website Transfer and governs the USER's use of the Service, superseding any prior agreements between USER and Zip Code. USER also may be subject to additional terms and conditions that may apply when the USER uses affiliate services, third-party content or third-party software. The TOS and the relationship between USER and Zip Code Website Transfer shall be governed by the laws of the State of Queensland and Australia without regard to its conflict of law provisions. The failure of Zip Code Website Transfer to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, Zip Code Website Transfer and USER agree that the other provisions of the TOS remain in full force and effect. USER agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one month after such claim or cause of action arose or be forever barred.

 . 15  #Acceptance of Terms of Service
If you (USER), for yourself or on behalf of one or more persons you are
representing with respect to Zip Code's Services, Accept the Terms. Beginning now, any continuation by you in using the Service constitutes for you and those represented by you an express affirmation and commitment to be (or to continue to be, as applicable) legally bound by and to comply with all of these terms.

 

 

 

ZipCode Technology

Zip Code Technology

Enterprise Infrastructure

 

Solutions Architect

 

Full Stack Developer

 

Communications Engineer

 

Production Specialist

 

 

 

Zip Code Technology LICENSE & Terms AGREEMENT

This License Agreement strictly prohibits Members from using the Zip Code Technology Software on any device other than a Zip Code Technology Device.

You are also prohibited from removing any Zip Code Technology copyright notice or brand or modifying any user interface of the Zip Code Technology Software or any Zip Code Technology Device.

 

NOTICE

This is a legal agreement between You and Zip Code Technology Networks, Inc. ("Zip Code Technology"). YOU MUST READ AND AGREE TO THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT") BEFORE ANY Zip Code Technology  CAN BE DOWNLOADED OR INSTALLED OR USED. BY CLICKING ON THE "ACCEPT" BUTTON OF THIS AGREEMENT, OR DOWNLOADING Zip Code Technology , OR INSTALLING Zip Code Technology , OR USING Zip Code Technology , YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD EXIT THIS PAGE AND NOT DOWNLOAD OR INSTALL OR USE ANY . BY DOING SO YOU FOREGO ANY IMPLIED OR STATED RIGHTS TO DOWNLOAD OR INSTALL OR USE Zip Code Technology .

 

DEFINITIONS

For the purpose of this Agreement, the following terms shall have the following meanings:

 • "Open Source Software" means any software or software component, module or package that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software or similar licensing or distribution models, including, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (a) CC Creative Commons and or MIT and or GNU's General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the Artistic License (e.g., PERL); (c) the Mozilla Public License; (d) the BSD License; and (e) the Apache License;

 • "Zip Code Technology Device" means a Zip Code Technology networking device that You purchase or otherwise rightfully acquire;

 • "Zip Code Technology Software" means the software in object code form made available by Zip Code Technology for Zip Code Technology Devices; and

 • "You(r)" means the company, entity or individual who owns or otherwise rightfully acquires the Zip Code Technology Device into which the Zip Code Technology Software is or will be incorporated.

 

LICENSE GRANT

Zip Code Technology grants You a non-exclusive, non-transferable license to use the copy of the Zip Code Technology Software and accompanying documentation and any updates or upgrades thereto provided by Zip Code Technology according to the terms set forth below.

 

USES AND RESTRICTIONS

 

 a You may:

 

 c download and use the Zip Code Technology Software solely through zipcode technology servers, and make copies of the Zip Code Technology Software as reasonably necessary for such use, provided that You reproduce, unaltered, all proprietary notices on or in the copies.

 

 

 a You may not, and shall not permit others to:

 

 c use the Zip Code Technology Software on any devices or products that are not owned by a member or Your business organisation;

 

 d use the Zip Code Technology Software on any non-Zip Code Technology Devices;

 e copy the Zip Code Technology Software (except as expressly permitted above), or copy the accompanying documentation;

 f modify, translate, reverse engineer, decompile, decrypt, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection mechanisms in the Zip Code Technology Software, including without limitation any such mechanism used to restrict or control the functionality of the Zip Code Technology Software, or (ii) to derive the source code or the underlying ideas, algorithms, structure or organisation from the Zip Code Technology Software (except that the foregoing limitation does not apply to the extent that such activities may not be prohibited under applicable law); or

 g distribute, rent, transfer or grant any rights in the Zip Code Technology Software or modifications thereof or accompanying documentation in any form to any person without the prior written consent of Zip Code Technology.

 h remove any Zip Code Technology copyright notice or Zip Code Technology branding from the Zip Code Technology Software or modify any user interface of the Zip Code Technology Software or Zip Code Technology Device.

 

This license is not a sale. Title and copyrights to the Zip Code Technology Software, and any copy made by You remain with Zip Code Technology and its suppliers. Unauthorised copying of the Zip Code Technology Software or the accompanying documentation, or failure to comply with the above restrictions, will result in automatic termination of this license and will make available to Zip Code Technology other legal remedies.

OPEN SOURCE

You hereby acknowledge that the Zip Code Technology Software may contain Open Source Software. You agree to review any documentation that accompanies the Zip Code Technology Software or is identified in the documentation for the Zip Code Technology Software in order to determine which portions of the Zip Code Technology Software are Open Source Software and are licensed under an Open Source Software license. To the extent any such license requires that Zip Code Technology provide You the rights to copy, modify, distribute or otherwise use any Open Source Software that are inconsistent with the limited rights granted to You in this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights and restrictions granted in this Agreement, but solely with respect to such Open Source Software. You acknowledge that the Open Source Software license is solely between You and the applicable licensor of the Open Source Software. You shall comply with the terms of all applicable Open Source Software licenses, if any. Copyrights to the Open Source Software are held by the copyright holders indicated in the copyright notices in the corresponding source files as disclosed by request or at http://www.zipcode.tech

 

 

 

All other trademarks cited herein are the property of their respective owners.

 

All product names, trademarks and registered trademarks are property of their respective owners. All company, product and service names used in this website are for identification purposes only. Use of these names,trademarks and brands does not imply endorsement.

Names may be featured in portfolio through previous works.

 

TERMINATION

This license will continue until terminated. Unauthorised copying of the Zip Code Technology Software or failure to comply with the above restrictions will result in automatic termination of this Agreement and will make available to Zip Code Technology other legal remedies. This license will also automatically terminate if You go into liquidation, suffer or make any winding up petition, make an arrangement with Your creditors, or suffer or file any similar action in any jurisdiction in consequence of debt. Upon termination of this license for any reason You will destroy all copies of the Zip Code Technology Software. Any use of the Zip Code Technology Software after termination is unlawful.

 

WARRANTY DISCLAIMER

THE Zip Code Technology , INCLUDING WITHOUT LIMITATION ANY OPEN SOURCE , AND ANY ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND Zip Code Technology AND ITS SUPPLIERS MAKE, AND YOU RECEIVE, NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OR IN ANY COMMUNICATION WITH YOU, AND Zip Code Technology AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND THEIR EQUIVALENTS. Zip Code Technology does not warrant that the operation of the Zip Code Technology Software will be uninterrupted or error free or that the Zip Code Technology Software will meet Your specific requirements. You acknowledge that Zip Code Technology has no support or maintenance obligations for the Zip Code Technology Software.

 

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED, IN NO EVENT WILL Zip Code Technology OR ITS SUPPLIERS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE SUPPLY OR USE OF THE Zip Code Technology , HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF Zip Code Technology OR AN AUTHORISED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL ZIP CODE TECHNOLOGY LIABILITY EXCEED FIVE DOLLARS (AU $5). YOU ACKNOWLEDGE THAT THIS PROVISION REFLECTS A REASONABLE ALLOCATION OF RISK.

 

 

 

 

 

WEB AGREEMENT

 

 

“ This Agreement initiates the transfer of ownership of a digital medium referred to as USER Site to USER

Transfer of Ownership includes the following

- All USER Site related rights and developed IP
- Development and Moral Rights regarding the USER Site “

1#General Information
Zip Code Technology Pty Ltd, hereafter referred to as Zip Code Website Transfer, provides the following terms of service. By using Zip Code's service(s) you, hereafter referred to as USER, agree to the following terms and conditions. This document outlines the terms and conditions of Zip Code's services, hereafter referred to as Service, the obligation of the USER and the obligation of Zip Code. Zip Code Website Transfer provides its Service to the USER as subject to the following Terms of Service, hereafter referred to as TOS. The TOS may be updated at any time with notice to the USER.

2#Refusal of Service
Zip Code Website Transfer reserves the right to refuse service to anyone for

any reason. This includes, but is not limited to, refusal to serve clients whose sites contain content deemed adult related, sexual products, nudity, persecution, slander, illegal activities, illegal goods or drugs, information used to harm any people or animals, or information used to destroy other peoples intellectual property.

3#Confidential Information

Zip Code Website Transfer will not use or disclose to others without USER's written consent USER's confidential information, except when reasonably

necessary to perform the Service under this Agreement. "Confidential information" includes, but is not limited to:

 . 1  The written, printed, graphic or electronically recorded materials furnished.

 . 2  USER's business plans, customer lists, operating procedures, trade
secrets, design formulas, know-how and processes, computer programs and
inventories, discoveries and improvements of any kind

 . 3  Any written or tangible information stamped "confidential," "proprietary" or
with a similar legend, and

 . 4  Any written or tangible information not marked with a confidentiality legend,
or information disclosed orally to Zip Code, that is treated as confidential when disclosed and later summarised sufficiently for identification purposes in a written memorandum marked "confidential" and delivered to Zip Code Website Transfer within thirty days after the disclosure.

 . 5  Zip Code Website Transfer shall not be restricted in the use of any material which is publicly available, already in Zip Code' possession or known to Zip Code Website Transfer without restriction, or which is rightfully obtained by Zip Code Website Transfer from sources other than USER.

 . 6  Zip Code's obligations regarding proprietary or confidential information extend to information belonging to customers and suppliers of USER about whom Zip Code Website Transfer may have gained knowledge as a result of Zip Code's Service to USER.

 . 7  Zip Code Website Transfer will not disclose to USER information or material that is a trade secret of any third party.

 . 8  The provisions of this clause shall survive any termination of this Agreement.

 . 9  Please see our privacy and non-disclosure policies for additional information.

 . 10  if Zip Code Website Transfer is acquired by or merged with another
company, in which case Zip Code Website Transfer will notify USER.

4 #Services
USER understands and agrees to the following scopes of responsibility of Zip Code Website Transfer according to each service which it provides:

 . 1  USER Site Ownership IP and Development Transfer
The USER Site Ownership Transfer includes the migration of USER data, specified as files, databases, websites and email accounts, to the extent paid for by USER according to Zip Code's current migration service pricing. This service is provided "AS-IS" and Zip Code Website Transfer assumes no responsibility for the errors, omissions, or other problems related to the Ownership Transfer Service.

 . 2  Data Storage
On this occasion all data storage is allocated Zip Code DC and assumes no responsibility for any loss or corrupted data caused by or in connection with Zip Mail, Zip Drive, or Storage Services.

5#Duties of USER
USER must supply to Zip Code Website Transfer at the time of

authorisation a confirmation statement, signed at the bottom of page 5. USER shall inform Zip Code Website Transfer of any existing errors, In the event that USER, does not make contact, by phone or by email, with

Zip Code Website Transfer for a length of time equal to or greater than fourteen days, said USER's open project will be considered an abandoned project at that time and marked as archived by Zip Code. In addition, the USER must make known to Zip Code, in writing by email, any problems or issues related to the Service provided by Zip Code Website Transfer within fourteen days of signed confirmation if Zip Code Website Transfer is to attempt to fix any errors, after which time the contract is complete, and no further work can or will be completed by Zip Code. USER agrees by signing up for Zip Code's Service that Zip Code Website Transfer provides a service and not a product.

6 #Billing Policy
USER agrees to pay fees for any work or consultation which Zip Code Website Transfer performs for them in accordance with Zip Code's current pricing.

 

7#Refunds
Website Transfer is a service, not a product. Full refunds are only available if

there have been no services rendered to the USER.

 

 

9#Independent Contractor
The parties acknowledge that they are independent of each other, and that they have no right or authority to assume or create any obligations of any kind, whether express or implied, on behalf of the other except as may be expressly provided in this Agreement. Zip Code Website Transfer is not an employee or agent of USER. Nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency or employment relationship between Zip Code Website Transfer and USER. Zip Code Website Transfer shall have no responsibility for any of USER's debts, liabilities or other obligations or for the intentional, reckless, negligent or unlawful acts or omissions of USER or USER's employees or agents. USER may not bind Zip Code Website Transfer in any way

whatsoever with respect to third parties. Zip Code Website Transfer retains sole and absolute discretion, independence, control and judgment in the manner and means of doing business and performing services to USER and/or its clients. USER agrees to indemnify and hold Zip Code Website Transfer harmless from and against any such payments or liabilities for which USER may become liable with respect to such matters.

 

10 #Liability
USER agrees that Zip Code Website Transfer shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or alleged to be caused by, or in connection with the use of or reliance on any content, goods or Service available on or through Zip Code's website or Service. USER understands and agrees that Zip Code Website Transfer shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Zip Code Website Transfer has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The cost of procurement of substitute goods and Services resulting from any goods, data, information, Service, whether purchased or obtained, or messages received or transactions entered into through or from the Service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party of the Service; or (v) any other matter relating to the Service.

 .

11  #Governing Law
These Terms shall be governed by the laws of QLD, Australia if involved
before a court in a lawsuit outside of the State of QLD, shall be deemed to support and to stipulate to a motion made by Zip Code Website Transfer to dismiss said lawsuit with respect to Zip Code.

 . 12  #Copyright, Trademarks, Servicemarks
Zip Code Website Transfer logo, other Zip Code Website Transfer logos,
product and service names are trademarks or service marks of Zip Code. Zip Code Website Transfer does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from any of the Services, nor the quality of any products, information or other materials displayed, purchased, or obtained by the USER as a result of an advertisement or any other information or offer in or in connection with the Service. USER hereby acknowledges that any reliance upon any Materials shall be at the USER's sole risk. Zip Code Website Transfer reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in any portion of the Service.
The use of the Zip Code name, logo, or other identifying features is prohibited. If USER or anyone else wishes to use the Zip Code Website Transfer name or logo, they must have permission of Zip Code.

 

13 #Warranty
The Service provided by Zip Code Website Transfer is on an "AS-IS" basis, and Zip Code Website Transfer expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any materials and products. In no event shall Zip Code Website Transfer be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service, the materials and the products.

 

 14  #Scope of Agreement
This TOS constitutes the entire agreement between the USER and Zip
Code Website Transfer and governs the USER's use of the Service, superseding any prior agreements between USER and Zip Code. USER also may be subject to additional terms and conditions that may apply when the USER uses affiliate services, third-party content or third-party software. The TOS and the relationship between USER and Zip Code Website Transfer shall be governed by the laws of the State of Queensland and Australia without regard to its conflict of law provisions. The failure of Zip Code Website Transfer to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, Zip Code Website Transfer and USER agree that the other provisions of the TOS remain in full force and effect. USER agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one month after such claim or cause of action arose or be forever barred.

 . 15  #Acceptance of Terms of Service
If you (USER), for yourself or on behalf of one or more persons you are
representing with respect to Zip Code's Services, Accept the Terms. Beginning now, any continuation by you in using the Service constitutes for you and those represented by you an express affirmation and commitment to be (or to continue to be, as applicable) legally bound by and to comply with all of these terms.

 

 

 

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