1. About the Website

(a) Welcome to zapcare.com.au (the 'Website'). The Website facilitates interactions between:

(i) People looking to shop from retail pharmacies (the 'Customer' or 'you' or 'yours'); and

(ii) Retail pharmacies (the 'Pharmacy' or 'Pharmacies'),

making it easier for the Customer and the Pharmacies (‘Users’) to locate, communicate, arrange payment, and deliver the services in a fast and secure manner (the 'Services').

(b) The Website is operated by Zapcare Pty Ltd (ABN 13 655 372 919) (‘Zapcare’). Access to and use of the Website, or any of its associated products or Services, is provided by Zapcare. Please read these terms and conditions (the '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 its products or Services, immediately.

(c) Zapcare provides you access to and use of the Website and its Services. Zapcare functions solely as the operator of the Website which is a platform that connects the Pharmacy with a Customer. Each Customer is solely responsible for selecting the appropriate Pharmacy with respect to the Pharmacy’s products and services. Any decision made to select a Pharmacy, is made in the Customer’s sole discretion and risk. Each Customer must decide whether a Pharmacy is suitable for the particular products and services required.

(d) Zapcare reserves the right to review and change any of the Terms by updating this Website at its sole discretion. When Zapcare updates the Terms, it will use reasonable endeavours to provide you with notice of updates of 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 placing an order from Zapcare (either as a guest or as a registered member). You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Zapcare in the user interface.

3. The Services

(a) In order to access the Services, the Customer can check out either as a guest or as a registered member while the Pharmacies are required to register for an account (‘Account’) through the Website.

(b) By registering for an Account, you will be required to accept the terms and conditions of membership by clicking “I accept” in the user interface as a condition of joining as a Customer or Pharmacy according to the subscription tier selected by a Pharmacy for registration (with each Pharmacy to have its own storefront. By clicking the “register” button you agree to all the terms and conditions of our Terms and Privacy Policy listed on this Website which gives notice to you through our user interface as follows:

By Registering, you agree that you have read, understood, and accepted our Website Terms and Conditions and you consent to our Privacy Policy.

(c) 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:

1. an email address
2. preferred username
3. mailing address
4. telephone number
5. password; and
6. other information as applicable to set up and administer an Account to access the Services.

(‘Registration Data’)

(d) Once you have completed the registration process, you will be a registered member of the Website and agree to be bound by the Terms. You warrant that any information you give to Zapcare in the course of completing the registration process will always be accurate, correct and up to date. Zapcare may undertake additional enquiries to verify the identity, background, or qualifications of any Users.

(e) You must also keep your Registration Data and contact information accurate and up to date.

(f) You may not use the Services and may not accept the Terms if:

1. you are not of legal age to form a binding contract with Zapcare; or
2. 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.

(g) Though the Services, Customer may place orders to Pharmacies through the Website.

(h) Customer authorises the Pharmacy to use and store electronically any material or information supplied to the Pharmacy for the purpose of purchasing products and services or related to the supply of products and services including any confidential information (whether in hard form or digital form) and agrees that Zapcare is not responsible for the loss of or misuse of such material or information. The supply of such material and information to the Pharmacy is solely at the risk of the Customer.

(i) Pharmacies are independent contractors and as such are solely responsible for and shall meet their obligations in relation to taxation (including income tax and GST) and any other government taxes or levies. These Terms do not make Pharmacy a partner, agent, or employee of Zapcare.

4. Your obligations as a User

4.1. You agree that you must communicate directly with Pharmacy for the supply of products and services and that Pharmacy reserves the right to supply or not supply you with any products or services or to cancel any orders in accordance with Pharmacy’s terms of trade for supply including for delivery.

4.2 As a User, you agree to comply with the following:

(a) you will not share your profile with any other person;

(b) you will not place an order on behalf of someone else unless expressly authorised by this person or individual;

(c) you will use the Services only for purposes that are permitted by:

1. the Terms; and
2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(d) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(e) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Zapcare of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(f) the Services delivered to User are exclusive and personal to User. User must not allow another user without a licence to use any of the Services that Zapcare delivers under these Terms;

(g) you must not expressly or impliedly impersonate another User or use the profile or password of another User at any time;

(h) you agree not to harass, impersonate, stalk, threaten another User of the Website (where interaction with other Users is made available to you);

(i) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;

(j) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Zapcare;

(k) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(l) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Zapcare for any illegal or unauthorised use of the Website; and

(m) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Your obligations as a Pharmacy

5.1 You must communicate directly with Customers in relation to orders for your products and services. It is your responsibility to communicate directly with Customers to:

1. convey any additional terms and conditions for the supply of your products and services to Customers including as to delivery and the costs for delivery;
2. reject any orders form Customers in accordance with your terms of trade for supply.

5.2 As a Pharmacy, you agree to comply with the following:

(a) to maintain your license and all necessary registration and permits at all times;

(b) to comply will all applicable laws, rules, and regulations;

(c) to fulfil orders in accordance with law and with the best industry practice;

(d) not sub-contract your obligations (including fulfilling an order) under these Terms to another pharmacy or store;

(e) to ensure that you provide the Customer with the best quality products;

(f) inform us about any changes in the price of the goods and services listed on our platform;

(g) handle all complaints or enquiries regarding an order and inform us about the same;

(h) store all documents (including order history and medical records) in accordance with the Privacy Act 1988 (Cth) and in accordance with our Privacy Policy;

(i) package and deliver all orders safely;

(j) ensure that the orders comply with the safety standards and are fit to use;

(k) all applicable laws, rules, and regulations including those related to expiry dates for the supply of products;

(l) to exercise professional judgement to ascertain whether there is a need to consult with the Customer before fulfilling an order;

(m) to ensure that you and your staff, independent contractors, agents, and sub-contractors comply with all applicable laws, regulations and compliances including but not limited to:

1. the National Health Act (1953) (Cth);
2. the Drugs, Poisons and Controlled Substances Act (1981);
3. the Pharmacy Board of Australia Practice Guidelines;
4. the Pharmaceutical Society of Australia’s Code of Ethics for Pharmacists;
5. the Pharmaceutical Benefits Scheme;
6. the National Code of Conduct for Health Care Workers

(together,‘Applicable Laws’)

5.3 No Pharmacy is permitted to, and each Pharmacy agrees not to list Schedule 4 and Schedule 8 drugs, medicines, and substances (S4 and S8) (prescribe only / prescription medicines). All Pharmacies on the Website warrant they hold the necessary licences to sell restricted Schedule 2 (S2) and schedule 3(S3) restricted products if the make these available for supply to Customers. Customer acknowledges that Pharmacies are not permitted to supply S4 and S8 drugs, medicines, and substances to Customer.

5.4 The Pharmacy is solely responsible for:

1. communications with Customers
2. pricing and the supply of its products and services to Customers
3. cost of and delivery of products to Customers, and,

and warrants that its supply is in accordance with Applicable Laws and its terms of trade.

5.5 We may at our sole discretion direct orders to another pharmacy if we suspect that you have breached this clause.

5.6 A breach of clause 5.2 will be considered as a material breach of these Terms and will survive the Termination of this contract.

6. Payment

(a) The Customer agrees to pay us a fee for each product purchased from our platform or website (known as ‘Customer Fee’).

(b) The Pharmacy agrees to pay us a fee for each product sold on our platform (known as'Service Fee') and a subscription fee (known as ‘Subscription Fee’). These fees shall be non-disclosed.

(c) The Pharmacy can upgrade or cancel their subscription by clicking on the Plans & Billing page from their account.

(d) The Pharmacy agrees that they will be charged on the first day of each month. If the Pharmacy cancels their subscription before the first 14 days of the month, they will not be liable to pay any charges. However, if they cancel their subscription after 14 days of the month, they will be liable to pay charges for that month.

(e) We will pay the Pharmacy, the Customer Fee minus the Service Fee and the payment processing fees. It is understood that the Service Fee and the Subscription Fee is subject to change.

(f) All payments made in the course of using Zapcare are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, the Customer and the Pharmacies warrant that you have read, understood, and agree to be bound by the Stripe terms and conditions which are available on their website.

(g) Users are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access our Services.

(h) If there are payment failures due to insufficient funds, incorrect or outdated payment information, Zapcare reserves our right to:

1. recover payment and deny a User access to our Services; or
2. cancel or suspend a User Account if we are unable to process the fees for our Services.

(i) You agree where a request for the payment of any fees are 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 those fees.

(j) User agrees that Zapcare may electronically store Registration Data and User’s payment information to process payment of fees.

(k) We may suspend or terminate a User Account if any misuse of fraudulent activity is detected.

(l) User access to the Services will be disabled when User Account is suspended, terminated or User’s subscription ends.

7. Refund Policy

(a) As Zapcare functions only a facilitator in introducing the Customer to the Pharmacies and providing a system to make safe payment, Zapcare will not issue any refunds to the Customer for any payments made in the use of Services.

(b) Please directly contact the Pharmacy you fulfilled your order with if you need to return or exchange an item. Each Pharmacy on the Websites manages and processes their own orders which includes policies and procedures for cancellations, refunds and returns. Pharmacies are not obliged to accept returns, exchanges or provide a refund unless stated under their terms of trade/store policies. Please refer to Pharmacies trade/store policies under the “About” tab of the profile of your selected Pharmacy. You must read and accept the Pharmacy’s terms of trade/store policies prior to making an order.

(c) If the Pharmacy you purchased your product from accepts returns, please ensure you read their terms of trade/store policies as to returns, delivery and shipping and include the following details in your request to the Pharmacy:

• Your reason for the return and condition of the item/s
• Delivery method and address of where to receive the return from the Pharmacy
• Confirm responsibility for shipping/delivery costs

(d) When to reach out to Zapcare

Please contact our customer support team if the following applies to you

• You did not receive your order
• You did not receive the correct order, or your item/s did not fit their product descriptions
• You have not received a response from the Pharmacy for a refund request after a period of two (2) days or more

(e) If a Customer is unsatisfied with the products and services provided by the Pharmacies or believes that they may be entitled to a refund, then Zapcare requires the Customer to:

1. contact the Pharmacies directly to request a refund;
2. in the event the Customer does not hear back from the Pharmacies after two (2) business days from the date of contacting the Pharmacies, the Customer may contact Zapcare through the 'Contact' section of the Website outlining why they believe they are entitled to a refund.

(f) If the Pharmacies agrees to issue a refund, Zapcare will inform the Customer and credit the refund after deducting applicable fees and charges.

(g) The Customer understands and fully agrees that the final decision to issue a refund vest with the Pharmacies.

(h) Both the Customer and Pharmacies agree that they will comply with the Refund Policy contained in this clause.

8. Australian Consumer Law and the Statutory Guarantees

(a) Zapcare will process refunds where required by and in accordance with the Australian Consumer Law for major failures (‘Major Failures’) and minor failures (‘Minor Failures’).

(b) For example, a Major Failure occurs where you would not have bought the Services if you had known about the defect, the Services are significantly different to what was described, the Services are substantially unfit for their usual purpose or a purpose made known to you or the Services are unsafe. For major failures or major problems with the Services as defined under the Australian Consumer Law, you are entitled to a replacement or refund and compensation for reasonably foreseeable loss or damage.

(c) If the Services fail to be of acceptable quality, and the failure does not amount to a Major Failure (‘Minor Failure)’, we are entitled an opportunity to fix the minor problem as long as this is within a reasonable period of time. If we cannot fix the Minor Failure, you are entitled to cancel the contract with us and obtain a refund for the proportion of the Services not already consumed at the time of the cancellation.

9. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Zapcare 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 by Zapcare and are reserved by Zapcare or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Zapcare, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

1. use the Website pursuant to the Terms;
2. copy and store the Website and the material contained in the Website in your device's cache memory;
3. print pages from the Website for your own personal and non-commercial use; and
4. Zapcare does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Zapcare.

(c) Zapcare retains all proprietary 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:

1. business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright, or
2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
3. 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),

(d) You may not, without the prior written permission of Zapcare 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 authorised by us as freely available for re-use or are in the public domain.

(e) Where you broadcast, publish, upload, transmit, post, or distribute Your Content on the Website, then you grant to Zapcare a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change Your Content.

(f) Please write to us at hello@zapcare.com.au if you have any questions about this clause.

10. Website Content

(a) As a User, you agree and warrant that:

1. you are solely responsible for any of Your Content you may post, upload, publish, submit, transmit or otherwise make available on or through the Website and you are solely responsible for any of Your Content which you make available through the Services;
2. you are the sole and exclusive owner of all Your Content you make available through the Services and otherwise have all rights, licenses, permissions, consents, releases, and approvals necessary to grant to Zapcare the rights in Your Content, required pursuant to the Terms of this agreement;
3. neither the Your Content nor your posting, uploading, publication, submission, or transmittal of the Your Content or Zapcare’ use of the Your Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate, or violate a third party’s patent, copyright, trade mark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and
4. Zapcare does not have any obligation to delete or return any Your Content to you after your User account is cancelled, including, but not limited to, any of your reviews or feedback.

(b) Zapcare strives to provide accurate and up-to-date material on this Website, but we make no warranties or representations as to the accuracy or timeliness of any of Your Content for which you are solely responsible.

11. Privacy

(a) In these Terms, ‘Personal Information’ has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).

(b) If a User obtains Personal Information in the course of supplying or availing Services under these Terms, the User must comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).

(c) Zapcare takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Zapcare's Privacy Policy, which is available on the Website. In the event of any inconsistency between these Terms and the Privacy Policy, the Privacy Policy shall prevail.

12. 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:

1. all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
2. Zapcare 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 Zapcare make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Zapcare) 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:

1. 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;
2. 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);
3. costs incurred as a result of you using the Website, the Services or any of the products of Zapcare;
4. any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
5. the Services or operation in respect to links which are provided for your convenience.

(d) Zapcare does not provide pharmaceutical products or services. Any contracts for pharmaceutical products and services are between the Pharmacy and the Customer. Zapcare is not a party to such contract. You agree that Zapcare is not a Medicare or healthcare provider and is not liable for any pharmaceutical products or services obtained or purchased through the Website.

(e) User participates of its own free will in the Services and accordingly, knowingly, and voluntarily assumes all risks associated with the use of any content published or products and services provided through the Website. Any information contained within the content is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or business and should not be relied upon in that regard. Our Services are not a substitute for direct, personal, professional medical care and diagnosis. If, as a User, you have or suspect that you have a medical problem or impairment, contact your doctor or health care provider promptly or call 000 in the event of a medical emergency.

(f) You acknowledge that Zapcare is a marketplace and its Website, and the Services are only intended to facilitate the interaction between the Customer and the Pharmacies for the sale and purchase of products. Zapcare does not vet the quality of products and services made available by the Pharmacies through this website. As such, Zapcare does not hold any liability for the quality of the products and services provided to the Customer by the Pharmacies.

(g) Zapcare does not hold any liability for the conduct of its Users or the misuse of Your Content by any party (including other Users).

13. Limitation of Liability

(a) To the fullest extent permissible at law, Zapcare is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, loss of profits, revenue, business, or goodwill arising out of or in any way connected with the provision of or failure to provide any products and services, or otherwise arising out of the provision of products and services, whether based on these Terms, negligence, strict liability or otherwise.

(b) Zapcare'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.

(c) You expressly understand and agree that Zapcare, 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.

(d) You acknowledge and agree that Zapcare holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.

(e) This clause survives the termination or expiry of these Terms for whatever reason.

14. Termination of Contract

(a) If you want to terminate the Terms, you may do so by providing Zapcare with 28 days' notice of your intention to terminate by sending notice of your intention to terminate to Zapcare via the 'Contact' link on our homepage.

(b) Zapcare may at any time, terminate the Terms with you if:

1. you have breached any provision of the Terms or intend to breach any provision;
2. Zapcare is required to do so by law;
3. Zapcare is transitioning to no longer providing the Services to Users in the country in which you are resident or from which you use the service; or
4. the provision of the Services to you by Zapcare is, in the opinion of Zapcare, no longer commercially viable.

(c) Subject to local applicable laws, Zapcare reserves the right to discontinue or cancel your membership 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 Zapcare's name or reputation or violates the rights of those of another party.

(d) When the Terms come to an end, all of the legal rights, obligations, and liabilities that you and Zapcare have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations, and liabilities indefinitely.

15. Indemnity

(a) You agree to indemnify Zapcare, its affiliates, employees, agents, contributors, third party content Pharmacies and licensors from and against:

1. 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;
2. any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
3. any breach of the Terms.

16. Dispute Resolution

(a) 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).

(b) 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.

(c) Resolution. On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:

1. 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;
2. 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 a person appointed by the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation;
3. 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 pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. the mediation will be held in Sydney, Australia.

(d) 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.

(e) Termination of Mediation. If 28 days 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.

17. Venue and Jurisdiction

The Services offered by Zapcare 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 New South Wales, Australia.

18. Governing Law

The Terms are governed by the laws of New South Wales, Australia. 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 New South Wales, 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.

19. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

20. 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.

21. How to contact us

1. This Website is owned and operated by Zapcare Pty Ltd (ABN 13 655 372 919).
2. Our principal place of business is at 2/23 Foster St, Surry Hills NSW 2010, Australia.
3. You can contact us by email at the following address: hello@zapcare.com.au

© 2022. Zapcare Pty Ltd. All Rights Reserved.

Terms last updated 22 March 2022.