Spinalogic Australia Pty Ltd
363 South Pine Road
Brendale QLD 4500
Australia
You may contact us in writing to the above address or by email to info@zurili.com. For matters relating to a specific account, you will need to submit a support ticket.
These terms and conditions (“Terms of Service”) govern your use of the Zurili software application (“Service”) and any other services of Spinalogic Australia Pty Ltd. When you create a Zurili Account, you agree to these terms and conditions.
Refer separately to our Privacy Statement and Cookie Statement.
You acknowledge and agree that Spinalogic Australia may at times send you communications regarding your account or the Service via email including new features or features you are not currently using.
You must be a registered user to access the Service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.
You must use all reasonable endeavours to prevent any unauthorized access to, or use of, the Service and you must notify Spinalogic Australia immediately in the event of any unauthorized access or use.
You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licenses, authorizations and consents required to use the Service, including without limitation in respect of your data. You agree to indemnify, defend, and hold harmless Spinalogic Australia, its directors, officers, agents and suppliers from any and all loss, cost, liability, and expense arising from or related to your data or use by you or your employees, contractors or agents of the Service or violation of these Terms of Service.
The Service, including any software that forms part of the Service, is made available to you, your company, and/or your staff only for your personal use or internal business purposes, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.
Spinalogic Australia will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance or due to internet failure outside of our control. Spinalogic Australia may perform unscheduled maintenance at any time, but will always endeavour to minimize any resulting disruption.
A valid credit card is required for payments. A credit card is not required to start or use Zurili, you will only need to supply this if you wish to use our paid services.
Credit card details are secured on all transactions. Credit card details are not handled or stored by the Zurili application. Your credit card details are stored at a secure PCI-compliant payment gateway used by Zurili for payment processing.
You are required to make a pre-payment in the amount of your choosing to use paid services which then debit progressively from your account balance. You may or may not choose to use our auto-topup service. Any payment to your account is non-refundable.
All fees include GST for Australian tax purposes.
Failure to maintain credit in your account may cause the loss of features of the Service. Spinalogic Australia does not accept any liability for the consequences of such loss.
All fees related to the Service, are subject to change without notice. Many are subject to currency conversion fluctuations on a daily basis.
If you have any questions about charges made to your account, please contact us immediately. If there are charges made in error, we will credit your account or credit card account for the appropriate amount at our discretion.
There is no fee for the existence of your account, only for use of paid services such as phone numbers, calls and sending or receiving SMS.
If you stop using your account, it will remain in existence indefinitely. Spinalogic Australia reserves the right to delete accounts after a period of inactivity.
Phone numbers are billed on a recurring basis so if you no longer require a phone number, it is your responsibility to delete it from within the application.
Spinalogic Australia in its sole discretion has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason, and at any time. Such termination can result in the deletion of your account. Spinalogic Australia reserves the right to refuse service to anyone for any reason at any time.
Certain legislation may impose consumer guarantees or implied rights which cannot be excluded, restricted or modified except to a limited extent (“Statutory Rights”). These Terms of Service must be read subject to your Statutory Rights. If Statutory Rights apply, to the extent to which Spinalogic Australia is able to do so, its liability under those provisions will be limited, at its option, in the case of services to (a) the supplying of the services again or (b) the payment of the cost of having the services supplied again and, in the case of goods to (a) the replacement of the goods or the supply of equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of the cost of having the goods repaired.
Without limiting your Statutory Rights, you understand and agree that the Service is provided “as is” and, to the extent permitted by law, Spinalogic Australia and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Spinalogic Australia’s servers. Spinalogic Australia and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free or regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.
Spinalogic Australia is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
Without limiting your Statutory Rights, use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.
If there is any loss or damage to your data, your sole and exclusive remedy will be for Spinalogic Australia to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by Spinalogic Australia.
In no event shall Spinalogic Australia be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with the Service or any other service provided by Spinalogic Australia.
Spinalogic Australia claims no intellectual property rights over the data or other material you provide to the Service. You acknowledge that Spinalogic Australia owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Irish and international intellectual property laws. Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
You consent to Spinalogic Australia transferring your data to third party IT providers, including our website host and back-up service provider, outside of your geographic location.
You may not assign your rights in respect of the Service to any other person.
Spinalogic Australia will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event which is beyond its control.
If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.
Spinalogic Australia may modify the Service, or any other services, at any time, for any reason, and without notice. We also may modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms of Service.
This Agreement is governed by the laws of Dublin, Ireland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Dublin.