Terms & Conditions

TERMS AND CONDITIONS FOR BUYING PRODUCTS AND JUST BROWSING

Welcome to Zing Fresh.

In these terms, we also refer to Zing Operations Pty Ltd ABN 17 634 896 521 trading as Zing Fresh as “our”, “we”, or “us”.

And you are you!

What are these terms about?

These terms apply when you use this website, being zingfresh.com.au and any other websites we operate with the same domain name and a different extension (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here Privacy Policy.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

Part A: Terms for when you buy Products (applies when you buy)
Part B: Terms for when you browse and interact with this Website (applies when you browse)
Part C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

Disclaimers

Before you buy the Products, please make sure that you read and understand that:

(a) (Allergy Risk & Suitability) There is a risk that our Products may cause allergic reactions in some consumers. You are responsible for determining whether the Products are suitable for your requirements, including whether any of the ingredients listed may trigger any allergies. You should consult a medical professional prior to use or continued use of the Products if you are unsure if the Products are appropriate or safe for any allergies or current health circumstances. By purchasing and using the Products, you acknowledge and agree that you have satisfied yourself completely on the suitability of the Products for yourself and that you have conducted your own research and enquiries before using the Products. If you are unsure about whether the Products are suitable for you, please seek medical advice from a trained medical professional prior to using the Products. You agree that Zing Fresh will not be liable for any liability arising from a reaction you may have after using the Products.

(b) (Not Medicine) Zing Fresh's products are not designed to be, or to be a replacement for, medicine or appropriate medical treatment for any allergies or conditions that you might have. Please ensure that you consult a medical professional to treat any medical concerns that you might have.

(c) (Use According to Directions) Our Products should only be used in accordance with the recommended directions set out on our Products or on our Website. We accept no responsibility or liability from any adverse or side effects from using any of the Products if you fail to follow the recommended directions. You acknowledge and agree that the sale of our Products and any information on our Website or on our Products (including any packaging information) are not substitutes for medical advice or treatment and should not be relied on as such.

For When You Buy Products…

SUBMITTING AN ORDER

By submitting an order for purchase of a Product using the Website’s functionality (Order) you represent and warrant that:

you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

you are authorised to use the debit or credit card you provide with your Order.

Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

ACCOUNTS

General

You may submit an Order as a guest or you may register and receive an account through the Website (an Account), upon which you can submit an Order with an Account.

As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by us from time to time.

You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.

You agree that you are solely responsible for:

maintaining the confidentiality and security of your Account information and your password; and

any activities and those of any third parties that occur through your Account, whether those activities have been authorised by you or not.

You also agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.

We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.

We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

Loyalty Membership

Zing Fresh may offer registered Account users the opportunity to participate in our loyalty membership program (Loyalty Program).

As a member of the Loyalty Program, you may be eligible for certain benefits which will be set out on the Website.

We may change any part of the terms of our Loyalty Program at any time by updating the relevant sections of the Website, including by changing the benefits and rewards applicable to you or any other feature of the Loyalty Program.

PRODUCTS

We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website. Zing Fresh may change product vessel colour and print from time to time.

Until the price of your Products is paid in full, title in those Products is retained by Zing Fresh. Risk in the Products will pass to you on delivery. Delivery must not be refused by you.

PAYMENT

All prices are:

per unit (except where indicated);

in Australian Dollars; and

subject to change prior to you completing an Order without notice.

(Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.

(GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Zing Fresh, you must pay the GST subject to Zing Fresh providing a tax invoice.

(Card surcharges) Zing Fresh reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

GIFT CARDS, VOUCHERS AND DISCOUNT CODES

GIFT CARDS

We may issue gift cards for use on our Website (Gift Cards).

Gift Cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the Gift Card or otherwise communicated to you.

Gift Cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.

VOUCHERS AND DISCOUNT CODES

We may provide promotional materials and discount codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.

A Voucher cannot be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.

If any additional terms or conditions apply to the Voucher, these will be set out on the Voucher.

DELIVERY AND SHIPPING

(Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

(Delivery Discounts) Subject to Zing Fresh’ absolute discretion, we may from time to time offer a discount on your Delivery Costs when the purchase value of your Order is above a certain amount. This will be determined solely by Zing Fresh and details of our Delivery Discounts will be set out on our Website and/or added to your cart upon checkout.

(Delivery Details) Zing Fresh may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

delivery is to the delivery point specifically accepted by Zing Fresh; and

we will deliver the Products to you in accordance with the shipping information displayed on our Website.

(Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(International Orders) Zing Fresh reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

CHANGES TO YOUR ORDER

CANCELLATION BY US

We reserve the right to cancel your order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges policy may apply.

RETURNS AND EXCHANGES

We do not offer change of mind returns. This no change of mind policy for returns does not limit or apply to any returns made for defective products in accordance with the other terms of this clause.

We will provide a full refund of the price paid for a Product if we determine that:

a Product you have ordered was not received by you solely due to failure by us;

a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

a Product is faulty.

(Faulty products) The following process applies to any Product you believe to be faulty.

If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images). In providing this information to us, you authorise our use and disclosure to those third parties that may assist us in assessing the fault (such as the manufacturer or third party service providers).

You must do all that is reasonable to prevent the Products from becoming faulty or to mitigate further harm or damage. Products must be stored in a manner that does not cause any further harm or damage to the Products. Products (whether faulty or not) must be stored and handled in the same manner as if they had no fault.

If we determine that your Product may be faulty, we will request that you send the Product back to us for further inspection, including any accessories, manuals, documentation or registration shipped with the Product.

In sending the Product back to us, you agree to ensure that the Products are packaged and stored in a way that will not cause any further harm or damage to the Product. We reserve the right to further inspection before deeming a Product faulty.

If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.

If we determine that the Product is faulty, we will issue you with a store credit, replacement or refund (including shipping costs) depending on the nature of the fault. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

If you fail to comply with the provisions in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

Nothing here is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

INTELLECTUAL PROPERTY

Zing Fresh retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

In this clause, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

RATINGS AND REVIEWS

The Website or other platforms we sell our Products on may allow you to leave ratings or reviews regarding the relevant Products or your experience with us (each a ‘Review’).

You must provide true, fair and accurate information in your Reviews.

If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from using the Website, or submitting future Reviews. We do not undertake to review each Review made by a customer.

To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You must only write about your own service experience or the Products you purchased. You are not permitted to write a Review about somebody else’s service experience, such as that of a family member or friend.

THIRD PARTY SUPPLIERS

We may do any of the following:

outsource any part of performing any services related to providing the Products, including delivery of your Products; or

procure materials and Products from third party suppliers,

without further notice to or permission from you.

To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

For When You Browse This Website…

ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

YOUR OBLIGATIONS

You must not:

copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Zing Fresh;

use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

use the Website with the assistance of any automated scripting tool or software;

act in a way that may diminish or adversely impact the reputation of Zing Fresh, including by linking to the Website on any other website; and

attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

gaining unauthorised access to Website accounts or data;

scanning, probing or testing the Website for security vulnerabilities;

overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

instigate or participate in a denial-of-service attack against the Website.

INFORMATION ON THE WEBSITE

While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

the Website will be free from errors or defects (or both, as the case may be);

the Website will be accessible at all times;

messages sent through the Website will be delivered promptly, or delivered at all;

information you receive or supply through the Website will be secure or confidential; and

any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

INTELLECTUAL PROPERTY

Zing Fresh retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Zing Fresh or as permitted by law.

THIRD PARTY TERMS AND CONDITIONS

You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.

You agree to any Third Party Terms applicable to any third party goods and services, and Zing Fresh will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

LINKS TO OTHER WEBSITES

The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

THIRD PARTY PLATFORM

This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: Terms of Service.

To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

SECURITY

Zing Fresh does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

Liability And Other Legal Terms

LIABILITY

(Liability) To the maximum extent permitted by applicable law, Zing Fresh limits all liability in aggregate of all claims to you (and any third parties who encounter the services or goods through you) for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this agreement or any goods or services provided by Zing Fresh to the total amount paid by you to Zing Fresh under the most recent Order.

Claims for loss of or damage to Products in transit must be made against the carrier.

Products sold by Zing Fresh, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

All other express or implied representations and warranties in relation to Products and the associated services performed by Zing Fresh are, to the maximum extent permitted by applicable law, excluded.

Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(Indemnity) You indemnify Zing Fresh and its employee, contractors and agents in respect of all liability for any claim(s) by any person (including any third party who encounter the services or goods through you) arising from your or your representatives’:

breach of any third party intellectual property rights;

breach of any of these terms;

use of the Website;

negligent, wilful, fraudulent or criminal act or omission; or

use of any goods or services provided by Zing Fresh.

(Consequential loss) To the maximum extent permitted by law, under no circumstances will Zing Fresh be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Zing Fresh (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

force majeure

If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

reasonable details of the Force Majeure Event; and

so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

Subject to compliance, the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

For the purposes of this agreement, a ‘Force Majeure Event’ means any:

act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

strikes or other industrial action outside of the control of the Affected Party;

war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in the Australian Capital Territory, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

INTERPRETATION

(singular and plural) words in the singular includes the plural (and vice versa);

(currency) a reference to $, or “dollar”, is to Australian currency;

(gender) words indicating a gender includes the corresponding words of any other gender;

(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(headings) headings and words in bold type are for convenience only and do not affect interpretation;

(includes) the word “includes” and similar words in any form is not a word of limitation; and

(adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

NOTICES

Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in this agreement, and the email’s subject heading must refer to the name and date of this agreement.

If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent.

The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.