Terms of Use

Acceptance of terms

Welcome to www.zefirvape.com.au (the “Website”) operated by Zefir Vape Pty Ltd as trustee for the Zefir Vape Trust (ABN 18 822 526 162) (“Zefir Vape”, “we” or “us”).

By using the Website, you acknowledge that you have read and understood the following terms (the “Terms of Use”) and agree to be bound by them. If you do not agree with these Terms of Use, you should immediately cease using the Website.

We may update these Terms of Use from time to time. We will note this on the Website. If you continue to use the Website after these Terms of Use have been updated, you acknowledge that you have read and understood the updated Terms of Use and agree to be bound by them.

Use of the website

The Website is intended to provide information about Zefir Vape’s products to Australian registered health practitioners only. By registering to access this Website, you represent that you are a health practitioner with a current Australian Health Practitioner Regulation Agency registration. It is an offence to falsely claim to be a registered health practitioner. If you are a member of the general public, please seek advice from your healthcare professional.

You must use the Website in accordance with these Terms of Use and all applicable laws in the place where you are located.

Website content

The content of this Website is for general information purposes only and is not intended as medical or healthcare advice and must not be relied upon as such. You should obtain independent advice and make further independent enquiries before making any decisions or taking any action based on the information contained on this Website.

The Website and its contents are provided on an “as is” basis. We make no representation and provide no warranties as to the completeness, accuracy, reliability, security or availability of the Website or its contents; nor do we accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the Website.

We reserve the right to modify the Website content at any time without notice or liability to you.

We are not responsible or liable for the content of any third party websites which may link to or be linked from the Website. Unless specifically noted otherwise, we do not authorise the content of those third party websites.

Copyright

The Website is subject to copyright under Australian law and, under international treaties, the laws of many other countries. Except for content provided by third parties and as otherwise indicated, the copyright in the Website is owned by Zefir Vape, which reserves all rights.

Except for your own professional or personal use, you must not copy, modify, adapt, communicate, publish, distribute or store any of the contents of the Website without our consent.

The Website also includes registered and unregistered trade marks, which are owned by us and other third parties. Except to the extent that it is expressly indicated to the contrary on the Website, your access to or use of this Website does not constitute or create a licence or any other right to use the name, trade marks, copyright or any other intellectual property of Zefir Vape or any other party whose intellectual property appears on the Website.

Personal information

You may provide us with contact details and other personal information in order to register to access the Website, to receive communications from us or to contact us with a query. Our Privacy Policy sets out how we handle your personal information.

Liability and indemnity

We accept no liability for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from your use or non-use of the Website, or your reliance upon the information contained in the Website (whether arising from our negligence or otherwise).

You agree that any cause of action arising out of your use of the Website must be commenced within twelve months after the cause of action accrues or you become aware of the facts giving rise to the cause of action, whichever is later. Otherwise, such cause of action is permanently barred.

Where any legislation implies any term, condition, representation or warranty into these Terms of Use, and that legislation prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the legislation, our liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant goods or services again.

You agree to indemnify and keep indemnified Zefir Vape and its officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, costs (including reasonable legal costs) or expenses which those indemnified may suffer or incur as a direct or indirect result of your use of the Website, your wilful or negligent act or omission with respect to the Website, your breach of these Terms of Use or your breach of the rights of any third party.

Suspension or termination of Website

The Website may be suspended or terminated at any time without notice, and without any liability to you, for any reason. Any indemnities given by you and limitations on Zefir Vape’s liability will survive such suspension or termination.

Governing law and jurisdiction

The Terms of Use are governed by the laws of the State of New South Wales, Australia. By using the Website, you submit to the non-exclusive jurisdiction of the courts of that State.

Miscellaneous

A right relating to these Terms of Use may only be waived by us in writing. Our failure to exercise or enforce any right or any provision of these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. If any provision of these Terms of Use is found to be invalid or unenforceable by a court, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect.

Last updated on December 2022.