About the Website

Welcome to www.zyto.com.au (Website). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (Products). The Website provides this service by way of granting you access to the content on the Website (Purchase Services).

The Website is operated by Zyto Pty Ltd (ACN 678991136). Access to and use of the Website, or any of its associated Products or Services, is provided by Zyto Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Zyto Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Zyto Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Zyto Pty Ltd in the user interface.

Registration to use the Purchase Services

In order to access the Purchase Services, you must first register as a user of the Website.

As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

• Email address

• Preferred username

• Mailing address

• Telephone number

• Password

• Date of birth

You warrant that any information you give to Zyto Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

You may not use the Purchase Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with Zyto Pty Ltd; or

• you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

Your obligations as a Member

As a Member, you agree to comply with the following:

• You will use the Purchase Services only for purposes that are permitted by:

• the Terms;

• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

• You have the 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 Purchase Services;

• Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Zyto Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

• 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 Zyto Pty Ltd providing the Purchase Services;

• You will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Zyto Pty Ltd for any illegal or unauthorised use of the Website; and

• You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

Purchase of Products and Returns Policy

In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (Purchase Price).

Payment of the Purchase Price may be made through Stripe, Cliniko, Bank Transfer (Payment Gateway Provider). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

Following payment of the Purchase Price being confirmed by Zyto Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and Zyto Pty Ltd may record your purchase details for future use.

Zyto Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 7 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

Warranty

Zyto Pty Ltd’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (Warranty).

You may make a claim under this clause (Warranty Claim) for material defects and workmanship in the Products within 1 month from the date of purchase (Warranty Period).

To make a Warranty Claim:

• provide proof of purchase to Zyto Pty Ltd showing the date of purchase,

• provide a description of the Products and the price paid,

• send written notice to Zyto Pty Ltd by email at [email protected].

If the Warranty Claim is accepted, Zyto Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You are solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

This Warranty is the sole and exclusive warranty granted by Zyto Pty Ltd. All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

The Warranty does not apply to:

• appearance damage,

• misuse, abnormal service or handling,

• alterations or modifications.

Copyright and Intellectual Property

The Website, the Purchase Services and all related products of Zyto Pty Ltd are subject to copyright. The material on the Website is protected by Australian and international copyright laws.

Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, video, software) are owned or controlled by Zyto Pty Ltd or its contributors.

You may not, without prior written permission:

• broadcast, republish, upload, transmit, distribute, show or play in public, adapt or change any content.

This prohibition does not extend to materials freely available for re-use or in the public domain.

Privacy

Zyto Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Zyto Pty Ltd’s Privacy Policy, which is available on the Website.

General Disclaimer

Zyto Pty Ltd does not make any terms, guarantees, warranties, representations or conditions other than those provided in these Terms or by law.

Zyto Pty Ltd will make every effort to ensure Products are accurately depicted. Sizes, colours and packaging may differ.

Subject to Australian Consumer Law, Zyto Pty Ltd:

• excludes all other terms not expressly stated,

• is not liable for any indirect or consequential loss including loss of profit, goodwill, or business reputation.

Use of the Website, Purchase Services, and Products is at your own risk. Everything is provided “as is” and “as available.”

Limitation of Liability

Zyto Pty Ltd’s total liability will not exceed the most recent Purchase Price paid by you or resupply of the Purchase Services.

Zyto Pty Ltd is not responsible for:

• user-generated content,

• third-party content,

• loss or damage from service errors, cyber-attacks, transaction failure, or defamatory material.

Termination of Contract

These Terms continue until terminated by either you or Zyto Pty Ltd.

You may terminate by:

• notifying Zyto Pty Ltd,

• closing your account.

Zyto Pty Ltd may terminate if:

• you breach the Terms,

• legal requirements arise,

• commercial reasons or partner changes occur.

Indemnity

You agree to indemnify Zyto Pty Ltd and related parties against:

• all claims or losses arising from your content or use of the Website,

• any breach of the Terms.

Dispute Resolution

1. Compulsory – Court proceedings cannot begin until the dispute resolution steps are followed.

2. Notice – Must detail dispute, desired outcome, and resolution request.

3. Resolution – Attempt to resolve within 28 days or appoint a mediator (in Canberra).

4. Confidential – All negotiations are confidential.

5. Termination – After 2 months, mediation can be terminated.

Venue and Jurisdiction

The exclusive venue for resolving disputes is the courts of the Australian Capital Territory, Australia.

Governing Law

These Terms are governed by the laws of the Australian Capital Territory, Australia.

Severance

If any part of these Terms is found to be void or unenforceable, that part shall be severed and the rest shall remain in force.