General Terms of Service: Transport, Delivery and Logistics

Last modified: 25 July 2024

Section A – General Terms 

1.1. Please read these Terms of Service carefully. By using the service (as defined), you agree that you have read and understood the terms in these Terms of Services that apply to you. These Terms of Service and the Zert Policies (as defined) constitute a legally binding agreement ("Agreement") between you and Zert (as defined). The Agreement applies to your use of the service (as defined) provided by Zert. If you disagree with the Terms of Service, please do not use or continue using the Application or the Service.

1.2. Zert may amend the terms in the Agreement at any time. Such amendments shall be effective once posted on http://www.Zert.com.au or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the service after any such amendments, whether or not you review it, shall constitute your Agreement to be bound by such amendments.

In these Terms of Service, the following words shall have the meanings ascribed below:

2.1. "Application" means the relevant Mobile Application (s) made available for download by Zert (or its licensors) to Consumers and Partners, respectively;

2.2 "Consumer" or "User" means any end-user who accesses or uses the Platform to search for and obtain the Solutions;

2.3 "Consumer Charges" or "User Charges" refers to charges incurred by consumers for the solutions obtained through the service, including any applicable tolls, taxes, and any other fees or charges that may be due for a particular use of the service.

2.4. "Zert Policies" means the following:

2.4.1. the Privacy Policy;

2.4.2. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

2.5 "Partner" means the independent third parties (who are not Zert) who provide the relevant Solutions to Consumers through the service, including (a) driver-partners, deliverypartners, (b) merchant-partners such as ZertFood, ZertMart, and (c) any other relevant goods and services providers;

2.6. "Personal Data" is any information that can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.7. "Platform" means the Application, Software and any other platform, portal or website that Zert owns, operates or otherwise makes available to Consumers and Partners for or in connection with the Service and Solutions;

2.8. "Service" means the linking of Consumers to Partners or other Consumers through the Application, Platform and Software;

2.9. "Software" means any software associated with the Application which is supplied and made available for download and installation by Zert;

2.10. "Solutions" means the transportation, pharmaceutical, logistics and other products and services made available to Consumers.  

2.11.   Any other services that Zert may make available from time to time.

2.12.   "You" refers to the Partner and Consumer as may be applicable.

3.1. By using the Service and Platform, you represent, warrant and undertake that:

3.1.1. You have the legal capacity to enter the Agreement and are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2. You will provide true, accurate, not misleading, current and complete information as required for the service and undertake the responsibility to maintain and update your information promptly to keep it true, accurate, not misleading, current and complete at all times during the Agreement term. You agree that Zert may rely on your information to be true, accurate, not misleading, current, and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Zert has the right but not the obligation to terminate this Agreement and your use of the service at any time with or without notice;

3.1.3. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals that we may reasonably request or require;

3.1.4. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Zert;

3.1.5. You will only use the Application, Platform and Service for their intended and lawful purposes;

3.1.6. You will keep your account password or any identification we provide you that allows access to the service secure and confidential;

3.1.7. You will not authorise others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

3.1.8. When using the Service/Platform, you agree to comply with all laws applicable to you and your use of the Service/Platform;

3.1.9. You agree to notify us immediately of any unauthorised use of your account or any other breach of security;

3.1.10. You will not try to interrupt, impair or harm the Service and Platform in any way and shall refrain from (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending, posting or storing infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children, violative of any third party rights or otherwise in breach of the applicable laws and Zert Policies. (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorised access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the service operates on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content;

3.1.11. You will not attempt to exploit any part of the Application commercially without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute, or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Zert. This includes, without limitation, not to:   

(a)create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;

2. copy any content displayed through the Platform or "mirror" the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third-party product content and reviews for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;
3. conduct data mining or scraping activities; and
4. disassemble, decompile, reverse engineer, decrypt, or attempt to derive any code or extract software from the Platform or any software or services made available on or through the Platform;

3.1.12 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Zert or to disrupt the natural functions of the Application;  

3.1.13. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

3.1.14. You will not use the Application and the Software to cause nuisance or behave inappropriately or disrespectfully towards Zert or any third party;

3.1.15. You will provide accurate, current and complete information as required for the service and undertake the responsibility to maintain and update your information promptly to keep it current and complete at all times during the term of the Agreement. You agree that Zert may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Zert has the right but not the obligation to terminate this Agreement and your use of the service at any time with or without notice;

3.1.16. You will only use an access point or data account which you are authorised to use;

3.1.17. You agree that the service is provided on a reasonable effort basis;

3.1.18. You agree that your use of the service will be subject to Zert's Privacy Policy;

3.1.19. You agree to assist Zert with any internal or external investigations as may be required by Zert in complying with any prevailing laws or regulations in place;

3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Zert or any other party as a result of your breach of this Agreement;

3.1.21. You regularly provide us with the phone numbers of Zert users and other contacts in your mobile phone address book. You confirm that you are authorised to provide us with such numbers to enhance your service use.

3.1.22.You are aware that when requesting Solutions by SMS or by using the service or accessing the Platform, standard telecommunication charges will apply;

3.1.23. You agree that Zert may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for six (6) months from the last date of transaction and deactivate or restrict access to your user account; and

3.1.24. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Zert or any other party as a result of your breach of this Agreement.

3.2. If you are a Partner, you further represent, warrant and undertake that:

3.2.1. If applicable, you possess a valid driver's license to operate a motor vehicle and have all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to the jurisdiction in which you use the service;

3.2.2. You shall be solely responsible for all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the solution (s)provided by you;

3.2.3. You shall obey all local laws related to your provision of the solution (s) and will be solely responsible for any violations of such local regulations, and you acknowledge that Zert has the right to carry out a background search on you from time to time, to ensure that you are not directly or indirectly involved in a criminal action or being investigated for a criminal allegation or implicated in a criminal proceeding;

3.2.4. You shall not contact Consumers for purposes other than in connection with the service;

3.2.5. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any Consumers, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your information, as provided for by the Application

3.2.6. You are aware that when responding to Consumers, standard telecommunication charges may apply, which shall be solely borne by you;

3.2.7. You are strictly forbidden to use the service for other purposes, such as but not limited to data mining of Zert's information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Zert reserves the right to take such action as may be appropriate or permitted under the law against you and any person, whether natural or artificial, directing or instructing you, in the event you use the service other than for the purpose for which it is intended to be used; and

3.2.8. Without prejudice to any other provisions, information that you have submitted to us for your registration as a Partner on the Platform, which may include your data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. As a result, you consent to such information for the Solutions and to facilitate your use of the Platform. We may monitor your use of the Platform or any part thereof or a third-party service provider to provide you with information on your business and account and better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are provided the personal data, and such personal data initially shall be deleted or anonymised once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with the personal data of a Consumer via the Platform to obtain prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

3.3. If you are a Consumer, you further represent, warrant and undertake that :

3.3.1. Your use of the service is for your sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old ("Unaccompanied Minor"), in which case you shall assume primary responsibility of the Unaccompanied Minor;

3.3.2. You will not use the Application, Platform and Software to cause nuisance, annoyance, inconvenience or make fake bookings;

3.3.3. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting the service. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the partner is entitled to cancel your booking, and you may be charged a Cancellation Fee.

3.3.4. You shall not contact the partner for purposes other than the service;

3.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the partner or any property of the partner.

Different models or versions of routers, browsers, and devices may have firmware or settings incompatible with the Application, Platform, and software. While we continuously develop the Application, Platform and Software to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software are likely to be accessed, we do not warrant the compatibility of the Application, Platform and Software with specific mobile devices or other hardware.

5.1. Zert and its licensors, where applicable, grant you a revocable, non-exclusive, nontransferable, limited license to use and access the Application and the Software to use the service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Zert and its licensors.

5.2. You shall not:

5.2.1. Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights or  

5.2.2. Remove copyright, trademark or other proprietary rights notices on the Application or Platform.   

6.1 Payment Terms for Partners (Drivers-partners / Delivery-partners)

6.1.1 Zert charges a fee for using the service ("Service Fee"). The Service Fee may be up to 20% of the Consumer Charges unless otherwise communicated to and accepted by you before you commence provision of the solution (s).  

6.1.2 Zert retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal, involving any criminal activity, or where you and the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold Zert liable for any withholding of, delay in, suspension, forfeiture or cancellation of any payment(s) to you.

6.1.3 Zert may, at its sole discretion, make promotional offers with different features and rates on the Solutions to any of the Consumers, whereby these promotional offers shall accordingly be honoured by you. Zert may change the Service Fee at any time at its sole discretion.

6.2 Payment Terms for Consumers:

6.2.1 Consumers are required to make full payment of the Consumers Charges for all services offered in the Application by the method selected at the time of booking, which may be one of the automated payment methods available on the Application. Any payment according to such selection is non-refundable and irrevocable. In any event, Zert pays, in part or in full, any Consumer Charges on your behalf related to your use of the Solutions. You are required to reimburse Zert the corresponding amount in the manner and deadline specified by Zert.

6.2.2 Automated payment may be made by credit card and debit card or, where available, by other methods in the Application.  

6.2.3 If the tipping feature is available. This will automatically be included in the Consumer Charges after the solution has been provided and given to the Partners unless you choose to change the amount or remove the tip.

7.1 For Partners:

7.1.1 Consumers rely on you to deliver or provide solutions. There is no cancellation available. If a Partner cannot complete a  

7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Zert reserves the right to amend the reasons for acceptable cancellations from time to time. A cancellation that is not based on one of the permissible reasons or ignoring a booking may be counted in determining if your access to the service will be temporarily restricted.

7.2 For Consumers :

7.2.1 You may cancel your request for transportation services before you commence your ride with the partner with whom the service has matched. Suppose you cancel your booking or do not show up at the designated location after you are matched, and the partner is going to the pick-up location. In that case, you may be charged a Cancellation Fee or other Cancellation Fee, as Zert may notify you occasionally via the Cancellation Policy on Zert's website.

7.2.2 If you feel you were incorrectly charged a Cancellation Fee, you may contact Zert via Zert's website for assistance. Zert reserves its absolute discretion to refund you any refunds, which may be credited to the payment card you used for the journey.  

8.1 If you are a Consumer using the Application, you will automatically be a member of the loyalty program named "Zert Perkz", operated by Zert and its affiliate companies.

8.2 From time to time, Zert may run marketing and promotional campaigns that offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms ("Vouchers"). Vouchers are subject to validity periods, redemption periods, limits and availability. Vouchers may not be valid for other promotions, discounts, or vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. Zert reserves the right to withdraw, amend and alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. Zert reserves the right to void, discontinue or disqualify you from any promotion or subscription plan without prior notice if you breach any part of these Terms of Service.

9.1. Consumers and Partners may be allowed to rate each other regarding the Solutions provided.

9.2. Every rating will be automatically logged onto Zert's system, and Zert may analyse all ratings received. Zert may take all appropriate actions, including suspending your Service use without notice or compensation.

10.1. Any complaints between Partners and Consumers must be taken up with each other directly.

10.2. Don't hesitate to contact our Contact Us page if you have any questions or comments about the Platform.

11.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the partner's property as a result of your misuse of the service or breach of the Terms of Service herein. Zert may facilitate payment for the reasonable cost of such repair or cleaning on behalf of the partner via your designated payment method or demand from you in cash if Zert has verified the partner's repair or cleaning request.

12.1. Zert and its licensors, where applicable, shall own all rights, title and interest, including all related intellectual property rights, in and to the Platform and, by extension, the service, as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the same. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the service, the Platform, or any intellectual property rights owned by Zert and its licensors. Zert's name, Zert's logo, the service, the Platform, the third-party transportation providers' logos and the product names associated with the Platform are trademarks of Zert or third parties, and no right or license is granted to use them. To avoid doubt, the term the Platform herein shall include its respective components, processes and design.

12.2. You may be able to submit your content publicly available via or otherwise concerning particular feature(s) of the Platform. Save where otherwise specified in the Agreement. Zert does not claim ownership of the content that you provide us. Where you upload or provide us with any content that is covered by intellectual property rights, you (a) irrevocably grant Zert a royalty-free, worldwide, perpetual, non-exclusive, unrestricted right and license to host, store, use, reproduce, modify, edit, adapt, translate, create derivative works of, publish, publicly perform or display, distribute, sublicense, or otherwise provide to others, your content (including without limitation name and likeness) in any media, formats, and channels (now in existence or from now on developed) for any purpose; and (b) undertake that you have the right to grant us such license and shall remain responsible for the content you provided. For the avoidance of doubt, you also grant to Zert the right (though you acknowledge and agree that Zert shall not be so obliged) to use your name and likeness in connection with the submitted materials and other information as well as in connection with all advertising, marketing and all promotional material related to it. If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Should you request the removal of any content, you may contact the Zert Contact Us page to submit such a request.  

13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and costs, however, denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist, and defend Zert in claiming or verifying any input tax credit, set off, rebate, or refund for any taxes paid or payable in connection with the service.

13.2. If you are a Partner, you are accountable for paying any tax and statutory contributions due regarding sums payable to you under or in connection with this Agreement.

14.1. You shall maintain in confidence all information and data relating to Zert, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies that are disclosed to you by or on behalf of Zert (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Zert, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information to use the service and shall not, without Zert's prior written consent, disclose such information to any third party or use it for any other purpose.

14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

14.2.1. was at the time of receipt already in your possession;

14.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

14.2.3. was received from a third party having the right to disclose it; or

14.2.4. is required to be disclosed by law.

15.1. Zert collects and processes your Data per its Privacy Policy. The Privacy Policy applies to all of Zert's Services, and this reference makes its terms a part of this Agreement.

15.2. Where applicable, you agree and consent to Zert, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

15.3. You acknowledge that Zert may disclose other individuals' personal data to you while using Zert's Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Zert and not for any other unauthorised purposes.

16.1. During the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and Services through the Platform or Application. Any communication or Agreement is strictly between you and the applicable third party. Zert and its licensors shall have no liability or obligation for any such communication or Agreement. Neither Zert nor any of its affiliate companies endorse any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Zert, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or Partners. Certain Partners of transportation, goods and services may require your Agreement to additional or different Terms of Service and privacy policies before your use of or access to such goods or services, and Zert is not a party to and disclaims any responsibility and liability arising from such agreements between you and the Partners. You acknowledge that such additional or different terms of use and privacy policies may apply to using such third-party services. Zert is not liable for any information you provide or authorise us to provide to a third party or for such third party's collection, use, and disclosure of such information.

16.2. Zert may rely on third-party advertising and marketing supplied through the service and other mechanisms to subsidise the service and earn additional revenue. You agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions on unsubscribing or updating your privacy settings. You agree and allow Zert to compile and release information regarding you and your use of the service anonymously as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the service and advertising or marketing material supplied by third parties through the service.

16.3. We may include hyperlinks to other websites or Internet content owned or operated by third parties or otherwise display content or material provided by third parties ("Third Party Content "). Such Third Party Content is not under our control, and we are not responsible or liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content, and you agree that your access to or use of such linked websites or content is entirely at your own risk. Please approach our Help Centre if you have any questions or concerns about any Third Party Content.

16.4. You acknowledge that in addition to utilising data from the Data Sources listed in Section B, the Application utilises and modifies search results from Here Maps services and content and that by using the Application, you agree to comply with (1) the Here Maps; (2) the Here MapsPrivacy Policy at https://legal.here.com/en-gb/privacy; and (3) the Here Maps Acceptable Use Policy at https://legal.here.com/en-gb/terms/acceptable-use-policy. You further agree that when using the Application, you shall not:  

1. copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Here Maps;  
2. sublicense, transfer or distribute Here Maps;  
3. sell, resell or otherwise make Here Map available to a third party as part of a commercial offering that does not have material value independent of Here Maps or  
4. access or use Here Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Here Maps.

 

 

17.1. By agreeing to the Terms of Service upon using the service, you agree that you shall indemnify and hold Zert, its licensors and each such party's affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the service, the Platform, Software and/or the Application in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partners or Consumers arranged via the service, or (d) your use or misuse of the service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any property, including your provision of Solutions to Consumers via the service.

18.1. The Application, its content and any related service(s) are provided to you on an "as is" basis. Zert makes no representations or warranties, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Service, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequential loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Service.

18.2. Zert makes no representation or warranty whatsoever, express or implied, regarding Solutions provided by Partners or any Solutions procured through the service. You agree that you shall bear all risk arising from your use of the service and any Solution provided by Partners and shall have no recourse to Zert regarding the same.

The Service, Platform, Application and software may be subject to limitations, delays, and other problems inherent in the Internet and electronic communications, including the device used by you or the partners being faulty, not connected, out of range, switched off or not functioning. Zert is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

21.1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against zero by you shall be limited to the aggregate amount of all amounts paid by and due from you in utilising the service during the event giving rise to such claims. Zert and its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service or solution, including but not limited to:

21.1.1. loss, damage or injury arising out of, or in any way connected with the Service, the Platform, Application and the software;

21.1.2. The use or inability to use the service, the Platform, the Application and the software;

21.1.3. Any reliance placed by you on the completeness, accuracy or existence of any advertising or

21.1.4. As a result of any relationship or transaction between you and any consumer, partner, merchant, advertiser or sponsor whose advertising appears on the website or is referred to by the Service, the Application and the software,

Even if Zert and its licensors have been previously advised of the possibility of such damages.

21.2. Zert does not warrant and represent that it assesses or monitors the suitability, legality, ability, movement or location of any consumers or partners, including merchants, advertisers and sponsors. You expressly waive and release Zert from any liability, claims or damages arising from or in any way related to the consumers or partners, including third-party transportation providers, merchants, advertisers and sponsors.

21.3. Zert will not be a party to disputes or negotiations of disputes between you and consumers or partners, including merchants, advertisers and sponsors. Unless you are a corporate consumer with a current corporate account with Zert, Zert cannot and will not play any role in managing payments between you and the partners, including merchants, advertisers and sponsors. Responsibility for your decisions regarding services and products offered via the Service, the software and the Application (with all its implications) rests solely with and on you. You expressly waive and release Zert from any liability, claims, causes of action, or damages arising from your use of the Service, the software and the Application, or in any way related to the third parties, including third-party transportation providers, merchants, advertisers and sponsors introduced to you by the Service, the software and the Application.

21.4. The quality of the solutions scheduled through the service is entirely the responsibility of the partners who ultimately provide such solutions to consumers. You understand, therefore, that using the service may expose you to potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable transportation and that you use the service at your own risk.

22.1. Zert may give notice through the Application, electronic mail to your email address in the records of Zert, or by written communication sent by registered mail or pre-paid post to your address in the records of Zert. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may notify Zert (such notice shall be deemed given when received by Zert) by letter sent by courier or registered mail to Zert using the contact details provided in the Application.

23.1. This Terms of Service, as modified from time to time, may not be assigned by you without the prior written approval of Zert but may be assigned without your consent by Zert. Any purported assignment by you in violation of this section shall be void.

24.1. This Terms of Service shall be governed by Australian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Service or the Service shall be referred to the Australian International Arbitration Centre ("AIAC"), following the Rules of the AIAC as modified or amended from time to time (the "Rules") by a sole arbitrator appointed by the mutual Agreement of you and Zert (the "Arbitrator"). If you and Zert cannot agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC following the Rules.  

25.1. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Zert.

26.1. If any provision of the Terms of Service is held invalid or unenforceable, the remaining provisions' legality, validity and enforceability shall not be affected or impaired.

27.1. The failure of Zert to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

28.1. This Agreement comprises the entire Agreement between you and Zert and supersedes any prior or contemporaneous negotiations or discussions.

29.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Platform or any portion of the Platform (including access to your account and the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Platform or any portion of the Platform (including access to your account and the availability of any products or services), as necessary to perform routine or nonroutine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.

29.2. Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates Zert Policies, we reserve the right (but shall not be obliged, save to the extent where mandated by applicable laws) to carry out any such measures as Zert deems appropriate (collectively, "Rectification Measure") including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and (iii) where applicable, cancelling the affected orders at any time without prior notice (including without limitation after an order has been submitted).  

This Agreement does not give rights to any third parties not party to this Agreement.