Terms and Conditions

These terms of use (“Terms of Use”) are a legal agreement between you and Ziva Connect Pty Ltd (ACN 607 859 898), a company incorporated in Sydney, NSW whose registered office is at 2/497 Darling Street, Balmain NSW 2014 (hereafter referred to as “Tide”, “we”, “us” or “our” as the context may require) for the use of the Tide website and other websites or sections of websites operated by Tide including, without limitation, https://tide.org (Website).

These Terms of Use set out important information regarding your rights and obligations in connection with the Website. Please read these Terms of Use carefully before you start to use the Website, as by using the Website you confirm acceptance of these Terms of Use. We recommend that you print a copy of this for future reference.

1. Having accepted these Terms of Use, we grant to you a limited, non-exclusive, personal right to use our Website

Tide grants you a non-exclusive, non-transferable, revocable licence to do the following in accordance with these Terms of Use (the “Licences”): Access and browse the Website for your personal use only.

Tide may terminate the Licences granted under these Terms of Use at any time in its absolute discretion by providing notice to you. If you breach any provision of these Terms of Use, and you do not remedy the breach within a reasonable period (provided the breach is not significant), such Licences will terminate and we will provide notice of this termination to you. Where any of the Licences are terminated, you agree to immediately cease using and accessing the Website.

2. Your consent to the processing of personal data

By using the Website and/or by submitting personal data to Tide, you agree to the collection and processing of your personal data in the manner provided for in our privacy policy, available at: https://www.tide.org privacy.php (the “Privacy Policy”). Our Privacy Policy explains how we process the personal data we collect in connection with your use of the Website.

3. User age restrictions

If you are under the age of 16 you must not use the Website. If we discover that any such use is taking place, we will immediately terminate any relevant means facilitating such use.

4. Rights to the Website and its content

All intellectual property rights and other rights in or to the Website, and any content made available by or on behalf of Tide and its licensors, belong to and remain at all times with Tide and its licensors. Except as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to the Website or any contents of such.

The Website is licensed and not sold under these Terms of Use. The only rights granted to you in relation to the Website under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to the Website is granted by us.

Where you submit any content whatsoever (“Content”) to Tide via the Website, including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to the Website and our business from time to time, in accordance with our Privacy Policy.

Except as expressly permitted by us in these Terms of Use, you must not use existing content on the Website for any commercial purpose without obtaining written permission from us to do so first.

5. Acceptable Use

  1. You agree that you shall not:
  2. copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell the Website or any content accessible on either, except as otherwise expressly permitted by these Terms of Use or applicable law;
  3. use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website;
  4. reproduce, frame, display or mirror the Website other than as a necessary consequence of their normal operation by you;
  5. infringe our or our licensors’ intellectual property rights, or those of any third party in relation to your use of the Website;
  6. transmit any material that is defamatory, explicit, offensive or otherwise reasonably objectionable on the Website;
  7. use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  8. employ any technology that interferes in any way with the proper operation of the Website; or
  9. collect or harvest any information or data from the Website for any commercial purpose, except as otherwise agreed in writing with us.

If we discover any breach of this Section 5 by you, we may immediately suspend or terminate your access to the Website and remove and delete any content from the Website violating this Section 5.

6. Changes and updates to the Website

Tide reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the Website, and/or (ii) alter the functionality or contents of the Website with or without notice to you.

7. Contacting us

In relation to any matters concerning the Website, including any feedback, questions, complaints or claims, please contact us by email customerservice@ziva.co. Tide welcomes any feedback you may have.

8. No warranty

The Website is provided “as is” and “as available” and Tide endeavours to ensure the availability, performance, accuracy, or completeness of the Website or the contents of any of them, however Tide cannot guarantee this. Tide also endeavours to ensure that use and availability of the Website will be uninterrupted or error-free, however Tide also cannot guarantee this.

To the maximum extent possible under applicable law, no warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the Website. If this exclusion does not apply under applicable law, the liability of Tide in relation to any such warranty shall in such case be limited to the greatest extent permitted by applicable law.

9. Third Party Content

For your convenience, Tide may include in the Website links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You acknowledge that Tide has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

The Website may include content submitted by other users of the Website (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.

The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

10. Changes and updates to the Terms of Use

We may change or update these Terms of Use and/or our Privacy Policy from time to time. If we decide to do this we will post such changes or updates on our website https://tide.org for at least 90 days after they take effect, so that you are always aware of the terms and conditions for the use of the Website. If we make a significant change to these Terms of Use and our Privacy Policy, we may elect to inform registered users by email, however we do not undertake to do so. Therefore, you undertake to review these Terms of Use and our Privacy Policy on the Website from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use or our Privacy Policy, by continuing to use the Website you agree to be bound by such change or update.

From time to time we may make available additional terms or guidance in relation to the usage of the Website, and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Website.

11. Limitation of liability

We are not responsible for third party device(s) or apps, or the integrity or accuracy of their services or data.

We are not responsible for any death or injury caused as a result of your participation in any of the services promoted via the Website.

We are not responsible for any reward or prize distribution or winner selection offered by any third party including, without limitation, clients of Tide.

To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Website and/or these Terms of Use, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Website or any inaccurate or incomplete content on either, whether or not such loss, damage or liability was foreseeable.

Nothing in these Terms of Use excludes, restricts or modifies any right, remedy or guarantee imposed by any legislation that cannot lawfully be excluded, including those provided under the Australian Consumer Law.

12. General

We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent, which may not be unreasonably withheld. Any attempt to do so without our consent will be void.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms of Use and their subject matter and formation, are governed by Australian law. You and we both agree that the courts of New South Wales will have non-exclusive jurisdiction to resolve any disputes under or in connection with these Terms of Use.

13. Misc

Figure from homepage text "Over 90% of us feel like we have no control over our personal data." sourced from the following report published by KPMG International

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