Terms and Conditions
Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Zymosys web site located at Zymosys.com, and all associated sites linked to Zymosys.com by Zymosys, its subsidiaries and affiliates, including Zymosys sites around the world (collectively, the “Site”). The Site is the property of Zymosys Pty Limited. (“Zymosys”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Zymosys reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Zymosys grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Ownership of Site Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (“Content”), including but not limited to the design, structure, selection, coordination, expression, look and feel‚ and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Zymosys, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without express prior written consent from Zymosys.
You may use information on Zymosys products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Zymosys for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Zymosys reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Zymosys server, or to any of the services offered on or through the Site, by hacking, password mining, or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Zymosys, including any Zymosys account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or any systems or networks connected to the Site or to Zymosys.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site by yourself or any other user of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Zymosys on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Zymosys or others.
Terms and Conditions Regarding Purchases
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
The obligations of Zymosys, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Zymosys may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Zymosys makes no commitment to update the materials on the Site with respect to such products and services.
Account Security and Passwords
Certain features or services offered on or through the Site may require you to open an account (including setting up an Zymosys ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Zymosys immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Zymosys or any other user of or visitor to the Site due to someone else using your Zymosys ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use the Zymosys ID, password or account of any other account holder at any time without the express permission and consent of the holder of that Zymosys ID, password or account. Zymosys cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy
The Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to other Sites and to the Zymosys Site
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the control of the Zymosys, and Zymosys is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
Zymosys does not promise that the site, any content, service or feature of the site will be error-free or interrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis&. All information provided on the site is subject to change without notice. Zymosys cannot ensure that any files or other data you may download from the site will be free of viruses or contamination or destructive features. Zymosys disclaims all warranties, express or applied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Zymosys disclaims any and all liabilities for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Zymosys services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against Zymosys for dissatisfaction with the site or any site content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Zymosys reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Zymosys be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Zymosys has been advised of the possibility of such damages. For other liability limitations please refer to the terms and conditions of the specific contract signed between Zymosys and your organisation.
Indemnity
You agree to indemnify and hold Zymosys, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Zymosys by any third party due to or arising out of or in connection with your use of the Site.
Violation of Terms of Use
Zymosys may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the rights or property of Zymosys, or the rights or property of visitors to or users of the Site, including the customers of Zymosys. Zymosys reserves the right at all times to disclose any information that Zymosys deems necessary to comply with any applicable law, regulation, legal process or governmental request. Zymosys also may disclose your information when Zymosys determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Zymosys may preserve any transmittal or communication by you with Zymosys through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Zymosys determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Zymosys, its employees, users of or visitors to the Site, and the public.
You agree that Zymosys may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Zymosys, for which monetary damages would be inadequate, and you consent to Zymosys obtaining any injunctive or equitable relief that Zymosys deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Zymosys may have at law or in equity.
You agree that Zymosys may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Zymosys does take any legal action against you as a result of your violation of these Terms of Use, Zymosys will be entitled to recover from you, and you agree to pay, all reasonable fees and costs of such action, in addition to any other relief granted to Zymosys. You agree that Zymosys will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the State of Victoria, Australia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in The Law Courts of Australia and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Zymosys and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Zymosys administers and operates the Zymosys.com Site from its location at Doncaster, Victoria; other Zymosys sites may be administered and operated from various locations outside Australia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Australia. Zymosys reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable export laws or regulations of Australia.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Zymosys with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Zymosys with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Zymosys, Zymosys will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Any failure by Zymosys to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Zymosys of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Zymosys and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Zymosys provides access to Zymosys international data and, therefore, may contain references or cross references to Zymosys products, programs and services that are not announced in your country. Such reference does not imply that Zymosys in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Zymosys shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2021 Zymosys Pty Limited. All rights reserved.
Zymosys, Doncaster, Victoria, Australia.