Terms and Conditions
PREAMBLE AND AGREEMENT TO TERMS
Effective Date: 9 July 2025
These Terms and Conditions of Use (“Terms”) constitute a formal and binding legal agreement entered into between:
ZUNOQ PTY LTD
ACN: 688 900 781
ABN: 89 688 900 781
A proprietary limited company duly incorporated under the Corporations Act 2001 (Cth) and registered in the State of Victoria,
Registered Office: 470 St Kilda Road, Melbourne VIC 3004, Australia
(Hereinafter referred to as “Zunoq”, “we”, “us”, or “our”)
— and —
Any natural person or juridical entity, whether acting in a personal, commercial, or representative capacity, who accesses, browses, or otherwise uses the website accessible at https://www.zunoq.com (the “Site”)
(Hereinafter referred to as “User”, “you”, or “your”)
1. Legal Acceptance
By accessing, visiting, or making use of the Site in any capacity—including, but not limited to, browsing content, submitting forms, engaging our services, or otherwise interacting with digital infrastructure provided via the Site—you hereby represent and warrant that:
You have read, understood, and expressly agreed to be legally bound by these Terms;
You possess the legal capacity and authority to enter into binding agreements under the laws of your applicable jurisdiction;
You further accept and agree to be bound by our Privacy Policy, which is expressly incorporated herein by reference and forms an integral part of this contractual relationship;
You acknowledge and agree that the relationship governed by these Terms is subject to all relevant and applicable statutory obligations, including but not limited to:
The Competition and Consumer Act 2010 (Cth);
The Electronic Transactions Act 1999 (Cth);
The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth));
The Privacy Act 1988 (Cth) and associated Australian Privacy Principles (APPs);
The Corporations Act 2001 (Cth); and
Common law principles of contract and equity.
2. Binding Nature and Amendments
These Terms form the entire agreement between you and Zunoq with respect to your use of the Site and supersede all prior understandings, communications, or agreements, whether oral or written, relating to such subject matter.
If you do not agree to these Terms in full or in part, you must refrain from accessing or using the Site. Your continued use of the Site following any updates or modifications to these Terms shall be deemed as conclusive acceptance of the amended version.
I. DEFINITIONS
For the purposes of these Terms and Conditions (“Terms”), unless the context requires otherwise, the following expressions shall have the meanings assigned to them below. Words importing the singular include the plural and vice versa; words importing one gender include all other genders; and references to "including" shall be construed without limitation:
“Services” shall mean the suite of professional, digital, and technology-related services offered by Zunoq Pty Ltd (“Zunoq”), whether directly through the Site or pursuant to a formal Client Agreement. This includes, without limitation, custom development of web and mobile applications, UI/UX design, cybersecurity consultancy, cloud infrastructure deployment, technical support, software integration, and digital transformation strategy solutions.
“Client Agreement” refers to any executed and binding written agreement or instrument, whether digital or physical, concluded between Zunoq and a Client, which outlines the scope, duration, pricing, intellectual property rights, payment obligations, deliverables, milestones, warranties, and other material terms governing the provision of Services.
“Force Majeure Event” denotes any extraordinary circumstance or event which is beyond the reasonable control of Zunoq and which prevents or delays performance of its obligations under these Terms or a Client Agreement. Such events may include, but are not limited to: acts of God, pandemics (including epidemics declared by the World Health Organization), natural disasters (such as floods, fires, or earthquakes), acts of terrorism, governmental directives or lockdowns, wars, embargoes, civil unrest, labour strikes, communication or utility failures, and cyberattacks.
“Intellectual Property” or “IP” encompasses all existing and future proprietary rights, whether registered or unregistered, including but not limited to: copyright, trade marks, service marks, design rights, patents, domain names, trade secrets, database rights, and know-how, in all content, source code, technical documentation, branding, layouts, and materials created, provided, or displayed by Zunoq or under its authority.
“Confidential Information” means all non-public, sensitive, technical, commercial, operational, legal, personal, or financial information, in any form or medium (whether oral, written, graphic, electronic or otherwise), disclosed by one party to the other and which, by its nature or by explicit designation, ought reasonably to be regarded as confidential. This includes internal business strategies, pricing models, customer information, source code, and project documentation.
“User Content” refers to any data, content, material, or submission (including text, images, audio, video, or files) voluntarily uploaded, transmitted, or otherwise made available by a User via the Site’s contact forms, enquiry portals, or interactive features. Zunoq disclaims responsibility for the accuracy, legality, or relevance of User Content unless expressly reviewed or endorsed.
“Third-Party Platforms” shall include any external service provider, subcontractor, or digital platform integrated with or used by Zunoq to process payments, host content, provide analytics, enable communications, or deliver part of the Services. This may include, but is not limited to, services such as Stripe, AWS, Google Analytics, or content delivery networks (CDNs).
“Site Content” comprises all proprietary and curated material made accessible on the Site, including but not limited to visual designs, text, logos, graphics, audio, videos, code, animations, blog posts, documentation, and downloadable assets, whether publicly viewable or behind access restrictions.
“Applicable Law” means the statutory, regulatory, and common law of the State of Victoria and, where relevant, the laws of the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth), Corporations Act 2001 (Cth), Privacy Act 1988 (Cth), and associated regulations or subordinate legislation as amended from time to time.
“Dispute” shall refer to any claim, controversy, disagreement, breach, or issue of legal or equitable entitlement arising out of or in connection with these Terms, the use of the Site, or the interpretation or enforcement of any related right or obligation.
“User” means any natural person or legal entity who accesses, uses, or interacts with the Site, irrespective of whether they are a paying client, prospective client, contractor, or general visitor, and includes both individual and representative users acting on behalf of an organisation.
“Zunoq” means Zunoq Pty Ltd (ACN 688 900 781; ABN 89 688 900 781), a company duly incorporated under Australian law with its registered office located at 470 St Kilda Road, Melbourne VIC 3004, Australia, including its authorised officers, directors, employees, affiliates, and permitted assigns.
“Effective Date” means the date on which these Terms take legal effect, as indicated at the top of the document, and any future amended dates as may be published from time to time.
“Privacy Policy” refers to the separate but integral policy document published by Zunoq that outlines how Personal Information is collected, used, stored, and disclosed in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), and is expressly incorporated by reference into these Terms.
“Personal Information” has the meaning given under section 6(1) of the Privacy Act 1988 (Cth), being information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether recorded in a material form or not.
“Business Day” means a day other than a Saturday, Sunday, or public holiday in the State of Victoria, Australia.
II. ACCEPTANCE OF TERMS
Binding Legal Agreement.
By accessing, browsing, or otherwise using the website located at https://www.zunoq.com (the "Site"), you acknowledge, represent, and warrant that you have read, understood, and unconditionally agreed to be legally bound by these Terms and Conditions ("Terms"), together with our [Privacy Policy] and any other supplementary terms, guidelines, or notices incorporated herein by reference. These Terms constitute a binding legal agreement between you ("you", "your", "User") and ZUNOQ PTY LTD (ACN: 688 900 781 | ABN: 89 688 900 781), a proprietary limited company duly incorporated under the laws of the Commonwealth of Australia, with its registered office at 470 St Kilda Road, Melbourne, VIC 3004, Australia ("Zunoq", "we", "us", or "our").Precondition to Use.
You may only access or use the Site on the strict condition that you accept and comply with these Terms in their entirety. Your access to and continued use of the Site shall constitute conclusive and irrevocable evidence of your agreement to be bound by these Terms. If you do not agree to be bound by these Terms, whether in whole or in part, you must immediately cease any and all use of the Site and its associated services.Capacity and Authority.
By using the Site, you further represent and warrant that:
You are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater;
You possess the full legal capacity and authority to enter into and be bound by these Terms;
If you are using the Site on behalf of a company, partnership, or other legal entity, you are duly authorised to bind such entity to these Terms and your acceptance shall be deemed to be the acceptance by such entity.
Amendments and Updates.
Zunoq reserves the right, at its sole and absolute discretion, to vary, revise, modify, supplement, or replace these Terms at any time and without prior notice. Any such amendments shall take effect upon being posted to the Site with a revised "Effective Date." It is your sole responsibility to regularly review the most current version of the Terms. Continued use of the Site following the publication of amended Terms shall constitute your deemed acceptance of the modified Terms and agreement to be bound thereby.Enforceability.
These Terms shall remain enforceable to the fullest extent permitted by law, notwithstanding any failure by Zunoq to insist on strict performance or to exercise any right or remedy under these Terms. No delay or failure to enforce any provision shall be construed as a waiver of any such provision or right.
III. ELIGIBILITY AND ACCESS
Age and Legal Capacity.
Access to and use of the Site is strictly limited to individuals who are at least eighteen (18) years of age, or who have otherwise attained the age of legal majority in their jurisdiction of habitual residence, whichever is greater. By accessing or using the Site, you expressly represent, warrant, and covenant that:
You satisfy the aforementioned age and legal capacity requirements;
You possess full legal capacity and authority to enter into binding agreements; and
You are not subject to any legal, regulatory, or contractual restriction that would render such access unlawful or otherwise prohibited under any applicable local, state, national, or international law ("Applicable Law").
Prohibition of Unauthorised Use.
Persons who do not meet the eligibility requirements outlined above are strictly prohibited from accessing or using the Site. Zunoq expressly disclaims any liability arising from or relating to access by ineligible individuals.Right to Restrict or Terminate Access.
Zunoq Pty Ltd ("Zunoq") reserves the unfettered and unilateral right, exercisable at any time and without notice, to restrict, suspend, or permanently revoke your access to the Site or any part thereof, including associated functionalities, if, in Zunoq’s sole and absolute discretion:
You are found to have breached any provision of these Terms or any ancillary agreement (including but not limited to a Client Agreement or Privacy Policy);
Your actions constitute or facilitate unlawful, fraudulent, defamatory, harassing, abusive, or otherwise prejudicial conduct against Zunoq, its representatives, other users, or any third party;
Your conduct, whether directly or indirectly, endangers the security, integrity, interoperability, or availability of the Site or its underlying infrastructure;
Such termination is required in order to comply with any law, regulation, court order, or regulatory directive.
Access Without Registration.
No prior user registration is required to access the general, publicly accessible areas of the Site. However, access to certain features, including but not limited to service request forms, consultations, quotations, or the execution of a Client Agreement, may require the submission of accurate and verifiable personal or business information. You agree that all information provided shall be true, current, complete, and lawfully obtained, and that your continued access to such features remains conditional upon full compliance with these Terms and any applicable contractual or statutory requirements.Cross-Border Access.
If you access or use the Site from a jurisdiction outside of the Commonwealth of Australia, you do so of your own volition and are solely responsible for ensuring that such access is lawful under the laws and regulations of your local jurisdiction. Zunoq makes no representations that the Site, its content, or the Services are appropriate, available, or compliant with foreign laws outside Australia. You assume all risk and liability associated with such international access and agree to indemnify Zunoq for any breach of local law resulting therefrom.
IV. DESCRIPTION OF SERVICES
Scope of Services.
Zunoq Pty Ltd (“Zunoq”) offers specialised digital, technological, and consulting services tailored to meet the strategic, operational, and infrastructure needs of clients across various industries. The Services include, without limitation:
a. Custom Web and Mobile Application Development:
Design, development, deployment, and maintenance of custom software applications optimised for web and mobile platforms, including front-end and back-end development, API integration, and user-specific functionality.
b. User Experience (UX) and User Interface (UI) Consulting:
Expert design of user-centric interfaces, usability audits, wireframing, prototyping, and visual design solutions intended to optimise user interaction, accessibility, and platform engagement.
c. Cloud Infrastructure and Cyber Resilience Services:
Strategic design and implementation of scalable cloud-based infrastructure, cloud migration solutions, server configuration, and business continuity planning, including cybersecurity assessments and resilience frameworks aligned with industry best practices.
d. Digital Strategy and Systems Architecture Consulting:
Provision of advisory services for digital transformation, enterprise IT architecture, automation workflows, systems integration, and platform modernisation, aimed at enhancing operational efficiency and scalability.
e. Ongoing Technical Support and Platform Optimisation:
Post-deployment technical maintenance, software updates, bug fixes, performance monitoring, and optimisation services to ensure service continuity, system resilience, and evolving functionality as required by the client’s business needs.Customisation and Engagement.
All Services rendered by Zunoq are bespoke and tailored to the specific functional, aesthetic, and operational requirements of the Client. No Service shall be provided on a "one-size-fits-all" basis. The scope, specifications, responsibilities, deliverables, milestones, acceptance criteria, and other material terms governing each engagement shall be memorialised in a binding Client Agreement executed between Zunoq and the Client.Exclusions.
Unless explicitly set forth in a Client Agreement, Zunoq shall not be deemed to provide:
Data hosting or domain name registration services;
Legal, tax, or regulatory advice;
Third-party software licenses beyond those enumerated in the Agreement;
Continuous or permanent support beyond the agreed maintenance term.
Right to Modify Service Offerings.
Zunoq reserves the right to modify, suspend, or discontinue any component of its Services at any time, provided that any such change does not materially impair the obligations arising under an existing Client Agreement without the Client’s prior written consent.
V. FEES, PAYMENT, AND REFUNDS
Service Pricing and Invoicing Terms
All fees, charges, and payment obligations for the provision of Services shall be set forth in the applicable written Client Agreement entered into between Zunoq Pty Ltd (“Zunoq”) and the Client. Pricing may be structured on a fixed-fee, milestone-based, retainer, or hourly-rate basis, as mutually agreed. Invoices shall be issued in accordance with the payment schedule outlined in the Client Agreement or, absent such specification, on a monthly or project-completion basis.Goods and Services Tax (GST)
Unless otherwise expressly stated, all fees quoted by Zunoq are exclusive of any applicable Goods and Services Tax (GST) as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth). GST will be charged in addition to the quoted fees, and all Clients are required to pay the applicable GST amount in accordance with Australian taxation requirements. A valid tax invoice will be issued for all taxable supplies.Payment Methods and Third-Party Processors
Zunoq may facilitate or process payments through authorised third-party payment platforms, including but not limited to Stripe, PayPal, or other merchant service providers. By engaging with such platforms, the Client acknowledges and agrees to be bound by the separate terms and privacy policies of those third-party providers. Zunoq disclaims all liability arising from the acts, omissions, system failures, or data breaches of such third-party processors.Late Payment and Interest
If any invoice remains unpaid beyond the due date specified therein, Zunoq reserves the right to:
a. Suspend further Services until payment is received in full;
b. Charge interest on overdue amounts at the rate prescribed by section 2 of the Penalty Interest Rates Act 1983 (Vic), calculated daily until the outstanding balance is paid;
c. Recover reasonable costs and legal fees incurred in pursuing collection of unpaid amounts.Refunds and Consumer Guarantees
Refunds for Services rendered are granted solely at the discretion of Zunoq and only in circumstances where no substantial performance has occurred or where non-performance is solely attributable to Zunoq’s material breach. Notwithstanding the foregoing, nothing in these Terms shall exclude, restrict, or modify any right or remedy which is conferred upon the Client under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
If a Client is deemed to be a “consumer” for the purposes of the Australian Consumer Law, then the Client may be entitled to remedies including a refund, repair, or replacement, where applicable and to the extent required by law.Non-Payment Consequences
Failure to make payment in accordance with these Terms or any Client Agreement shall constitute a material breach entitling Zunoq to:
a. Terminate the Agreement for cause;
b. Withhold delivery of work product or Services;
c. Initiate legal proceedings to recover outstanding amounts.
VI. INTELLECTUAL PROPERTY RIGHTS
Ownership of Proprietary Material
All rights, title, and interest in and to all content, source code, designs, algorithms, trademarks, trade names, logos, service marks, graphics, interfaces, and other proprietary material available on the Site (collectively, “Zunoq IP”) are and shall remain the exclusive property of Zunoq Pty Ltd or its third-party licensors. Zunoq IP is protected under the Copyright Act 1968 (Cth), the Trade Marks Act 1995 (Cth), and all applicable international conventions on intellectual property protection, including the Berne Convention and the TRIPS Agreement.Restrictions on Use
Except as expressly permitted by law or by prior written consent from Zunoq, you must not, whether directly or indirectly:
a. Reproduce, adapt, distribute, translate, publish, publicly display, transmit, or communicate to the public any part of the Site or Zunoq IP;
b. Modify, decompile, disassemble, or reverse-engineer any software, code, or materials used on or in connection with the Site;
c. Remove or alter any copyright, trademark, or proprietary notices contained within the Site materials.
Unauthorised use may result in civil or criminal liability and will be enforced to the fullest extent permissible by law.Project Deliverables and Client IP
All intellectual property rights in any custom deliverables created by Zunoq pursuant to a Client Agreement—including software, designs, or technical documentation—shall vest as specified in the relevant Client Agreement. Such agreements may provide for:
a. Full assignment of rights to the Client upon final payment;
b. Retention of proprietary methodologies, tools, or frameworks by Zunoq; or
c. Grant of a limited, non-exclusive, non-transferable licence to use the deliverables for the Client’s internal purposes.
Nothing in these Terms shall be construed to transfer ownership of Zunoq IP or third-party IP, except as expressly stated in a written agreement.
VII. USER OBLIGATIONS
By accessing or using the Site, you covenant, represent, and warrant that you shall:
Lawful Use
Refrain from using the Site for any unlawful, fraudulent, defamatory, abusive, or otherwise objectionable conduct, including but not limited to conduct which violates the Criminal Code Act 1995 (Cth), Competition and Consumer Act 2010 (Cth), or any Applicable Law;Cybersecurity Compliance
Not introduce or transmit any viruses, worms, trojans, logic bombs, spyware, ransomware, or any other harmful code, malware, or automated software intended to compromise the integrity or availability of the Site or Zunoq’s systems;Prohibited Data Harvesting
Not engage in any scraping, crawling, spidering, or other automated means of accessing or extracting data from the Site without Zunoq’s prior written consent, nor utilise bots or scripts to manipulate any functionality of the Site;Good Faith and Integrity
Conduct all interactions with Zunoq and other users or clients in good faith, ethically, and in accordance with all Applicable Laws, industry standards, and codes of professional conduct;Notification of Breaches
Promptly notify Zunoq in writing if you become aware of any unauthorised access, breach of these Terms, or suspected misuse of the Site or Services.
Breach of this clause may result in immediate suspension, termination of access, and potential civil or criminal liability.
VIII. CONFIDENTIALITY
Mutual Obligation of Non-Disclosure
Each party (the “Receiving Party”) agrees to keep strictly confidential all non-public information, whether oral, written, or electronic, disclosed by the other party (the “Disclosing Party”) and designated or reasonably understood to be confidential (“Confidential Information”). This includes, without limitation, business strategies, technical specifications, pricing models, client lists, financial data, trade secrets, source code, and proprietary methodologies.Permitted Disclosures
The Receiving Party shall not disclose, publish, or use any Confidential Information except for the purposes of performing obligations under these Terms or a Client Agreement, except:
a. With the prior express written consent of the Disclosing Party;
b. As required by law, regulation, or a binding order of a court or regulatory authority, provided that advance notice is given (where lawful) to allow the Disclosing Party to object or seek protective measures;
c. To professional advisers, consultants, or subcontractors who are bound by legally enforceable confidentiality obligations no less protective than those herein.Duration of Confidentiality
The confidentiality obligations under this clause shall survive the termination or expiry of these Terms for a period of five (5) years, or indefinitely in the case of trade secrets and personal information protected by privacy law.Remedies for Breach
Unauthorised disclosure or use of Confidential Information shall entitle the Disclosing Party to injunctive relief, equitable remedies, and any other relief available under law or in equity, without the necessity of proving actual damages.
IX. DISCLAIMER OF WARRANTIES
No Warranties Express or Implied
To the fullest extent permitted by law, Zunoq Pty Ltd (“Zunoq”) provides the Site and all associated Services on an "as is", "as available", and "with all faults" basis. Zunoq expressly disclaims all representations, warranties, guarantees, and conditions of any kind, whether express, implied, statutory, or otherwise, including but not limited to:
a. Implied warranties of merchantability;
b. Fitness for a particular purpose;
c. Non-infringement of intellectual property rights;
d. Accuracy, timeliness, reliability, or completeness of any content or information presented on the Site.No Guarantee of Availability or Accuracy
Zunoq makes no representations or warranties that the Site or Services will operate without interruption, delay, or error, or that any defects will be corrected. Zunoq disclaims all liability for any failure or malfunction of the Site due to system outages, third-party service disruptions, or force majeure events.
X. LIMITATION OF LIABILITY
Limitation on Indirect and Consequential Loss
To the maximum extent permitted under applicable law, Zunoq shall not be liable to any User or third party for any incidental, indirect, exemplary, punitive, special, or consequential loss or damages—including but not limited to loss of business, revenue, profits, goodwill, data, or anticipated savings—arising from or in connection with:
a. The use of, or inability to use, the Site or any Services provided by Zunoq;
b. Any unauthorised access to or alteration of your transmissions or data;
c. Any statements or conduct of any third party on or via the Site or Services;
d. Any linked third-party websites, tools, APIs, or external platforms.Cap on Total Liability
In all circumstances and notwithstanding anything to the contrary in these Terms, Zunoq’s total aggregate liability for any claim, loss, or damages, whether in contract, tort (including negligence), equity, or otherwise, shall not exceed the total amount paid by the User to Zunoq for Services in the twelve (12) months immediately preceding the date the claim arose.Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded or limited. To the extent such rights apply, Zunoq’s liability is limited, at its discretion, to the resupply of the Services or the refund of the amount paid.
XI. FORCE MAJEURE
Relief from Performance
Zunoq shall not be held liable for any failure, delay, or interruption in the performance of its obligations under these Terms where such delay or failure is due to a Force Majeure Event, including but not limited to:
a. Acts of God, natural disasters, earthquakes, floods, or fires;
b. Pandemics, epidemics, or quarantine restrictions;
c. Acts of war, civil unrest, terrorism, or sabotage;
d. Governmental orders, regulations, or embargoes;
e. Labour disputes or industrial actions;
f. Failures or outages of telecommunications networks, power, or internet infrastructure.Mitigation and Continuity Efforts
Zunoq shall use commercially reasonable efforts to mitigate the impact of any Force Majeure Event and shall resume the affected Services as soon as reasonably practicable. Where performance is rendered impossible or impracticable for a period exceeding thirty (30) consecutive days, either party may terminate the affected engagement without further liability, save for obligations accrued prior to termination.
XII. TERMINATION
Termination by Zunoq
Zunoq may, at its sole discretion and without prior notice, suspend, restrict, or permanently terminate a User’s access to the Site and Services where:
a. The User breaches these Terms or any Client Agreement;
b. Zunoq has reason to believe the User has engaged in unlawful, fraudulent, or harmful activity;
c. Such termination is required under any Applicable Law or legal order.Effect of Termination
Upon termination for any reason:
a. All rights and licences granted to the User under these Terms shall immediately cease;
b. The User shall immediately cease using the Site and any associated Services;
c. Any accrued obligations, including payment, confidentiality, and intellectual property protections, shall survive such termination.Termination by User
You may cease use of the Site at any time. If you are party to a separate Client Agreement with Zunoq, termination procedures under that Agreement shall govern.
XIII. PRIVACY AND DATA PROTECTION
Privacy Policy Incorporation
Zunoq’s practices regarding the collection, use, storage, and disclosure of Personal Information are governed by its Privacy Policy, which is hereby incorporated into these Terms by reference. You acknowledge and agree that your use of the Site is subject to the terms of the Privacy Policy accessible at https://www.zunoq.com/privacy.Compliance with Privacy Laws
Zunoq complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and any other applicable data protection legislation. Users agree to the lawful processing of their Personal Information in accordance with such laws and the Privacy Policy.
XIV. THIRD-PARTY WEBSITES AND SERVICES
External Integrations and Hyperlinks
The Site may contain hyperlinks, integrations, or functionalities that facilitate access to third-party websites, platforms, or services (“Third-Party Services”). Such Third-Party Services are not owned or controlled by Zunoq.Disclaimer of Responsibility
Zunoq does not warrant or endorse the content, accuracy, terms, or security of any Third-Party Services. Your interaction with such platforms is undertaken at your own risk, and you are solely responsible for reviewing their terms of use, privacy practices, and compliance obligations.Third-Party Liability
Zunoq disclaims all liability for any loss or damage resulting from your engagement with or reliance on Third-Party Services, including service disruptions, data breaches, unauthorised charges, or commercial losses arising therefrom.
XV. DISPUTE RESOLUTION
Good Faith Negotiation
In the event of any controversy, claim, dispute, or disagreement arising out of or in connection with these Terms, the use of the Site, or the provision of Services (“Dispute”), the parties shall first seek to resolve the matter promptly through good-faith negotiations.Mediation Procedure
If the Dispute remains unresolved for a period of thirty (30) calendar days from the date on which written notice of the Dispute is provided by either party, the parties agree to submit the Dispute to non-binding mediation. Mediation shall be conducted in accordance with the rules of the Resolution Institute or such other dispute resolution body as the parties may mutually agree, and shall take place in Melbourne, Victoria, Australia, unless otherwise agreed in writing.Judicial Proceedings
Should the parties fail to reach a resolution through mediation, either party may initiate legal proceedings. To the extent permitted by law, the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria and the Federal Courts of Australia as applicable, and waive any right to object to such forum on the grounds of inconvenience or otherwise.
XVI. GOVERNING LAW
These Terms, and any contractual or non-contractual matters arising from or connected to them, shall be governed by and construed in accordance with the laws in force in the State of Victoria and, where applicable, the laws of the Commonwealth of Australia. Each party agrees to submit to the non-exclusive jurisdiction of the courts of Victoria and the federal courts of Australia for all disputes that are not resolved under Clause XV.
XVII. SEVERABILITY
If any provision, clause, or part of these Terms is determined to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall, to the maximum extent permitted by law, be replaced with a valid and enforceable term that most closely reflects the original intent of the parties.
XIX. CONTACT INFORMATION
For all general enquiries, complaints, correspondence, or service of legal process, please contact Zunoq at the following registered details:
Zunoq Pty Ltd
ACN: 688 900 781
ABN: 89 688 900 781
Registered Office: 470 St Kilda Road
Melbourne VIC 3004, Australia
📧 Email: support@zunoq.com