ZELLIS Auto User Agreement
By using ZELLIS Auto, you acknowledge and accept this User Agreement and agree to be bound by it.
To use ZELLIS Auto, you must first be registered as a user, and have an account created by us. Self-creation of user accounts is not available due to licensing requirements of the data available in our system and how it needs to interact with external systems. Please request access here and we will respond as soon as possible to answer any questions and get you setup.
ZELLIS Auto is a registered trademark of Emotiogence Pty Ltd trading as ZELLIS (hereafter ‘ZELLIS’) which is licenced to Unified Commerce Solutions Pty Ltd (hereafter ‘UCS’) for use in relation to automotive fitment services. Our web-based application (hereafter ‘the Service’) is the intellectual property of Unified Commerce Solutions Pty Ltd and all rights pertaining thereto are reserved.
Redbook data and images are the intellectual property of Automotive Data Services Pty Ltd trading as Redbook (hereafter ‘Redbook’) and used under license.
TecDoc data and images are the intellectual property of TecAlliance GmbH (hereafter ‘TecAlliance’) and used under license.
eBay fitment data is the intellectual property of eBay Marketplaces GmbH (hereafter ‘eBay’) and used by permission.
Reverse engineering, duplication, sharing, mimicking or interference with our fitment platform, licenced data, or associated coding and functions, or any attempt to do so, will constitute a breach of this User Agreement, the perpetrator/s suspended permanently without warning, and may lead to legal proceedings by ZELLIS, UCS Redbook and/or TecAlliance.
The ZELLIS Auto logo and either Redbook or TecDoc logo will appear on all webstores powered by ZELLIS Auto and may only be removed by agreement on payment of an additional monthly fee.
USE OF THE SERVICE
ZELLIS Auto is a Software-as-a-service cloud-based solution intended to be accessed over the internet via a web browser. The service is provided to registered users only. Users are not permitted to grant other parties access to ZELLIS Auto through their login for any purpose, and offenders may be terminated without warning and may be subject to legal proceedings for breach of this agreement and intellectual property laws.
The functions and various dashboards of ZELLIS Auto are provided as is to registered users for the purpose of tagging their products to compatible vehicles and motorcycles for use on marketplaces such as eBay or on their own website subject to licensing requirements being met. The service is intended to be continuously available, however due to the nature of the internet and despite our best intentions and efforts, it is not possible to guarantee that there will not be outages and interruptions from time to time.
Tagging data once exported from our system in a CSV file or published to an integrated ecommerce platform is thereafter in your complete control and is unaffected by any potential outages or service unavailability.
You acknowledge and accept that UCS and its associated entities will not be liable for any outages or interruptions to the service and users will not be entitled to compensation for any such outages or interruptions except as required by law.
USE OF DATA
ZELLIS Auto makes use of several vehicle and motorcycle datasets, to each of which applies certain terms & conditions for use. By using ZELLIS Auto, you agree to the applicable terms & conditions of the datasets you are licenced to use, and agree not to abuse or allow others to abuse those terms & conditions.
The data used for eBay vehicle and motorcycle fitment is supplied by eBay.com.au and is subject to the eBay User Agreement and applicable terms & conditions of the Master Vehicle List and Master Motorcycle List maintained and published by eBay on their website www.ebay.com.au.
ZELLIS Auto data available through our platform for webstore fitment solutions is provided by Redbook and TecAlliance under license. You may be required to enter into an agreement directly with the data owner and will thereby be bound to their terms and conditions in addition to this agreement for so long as you are using our fitment solutions.
Our automatically generated eBay fitment tagging is supplied as is with the aim of helping you avoid additional time and effort to tag your products separately to eBay’s Master Vehicle List or Master Motorcycle List. This service relies on model mapping which is maintained by ZELLIS to the best of our ability. Because of the variances and nuances of each dataset, there will be models that cannot be reliably mapped, and despite our best intentions and efforts, we cannot guarantee the resulting eBay fitment will be complete or free from errors or omissions. eBay fitment tagging will appear automatically in your eBay Fitment Workbench where you are required to review it and make amendments as you see fit before publishing it to your integrated ecommerce platform. By publishing automatically generated eBay fitment to your ecommerce platform or loading it directly to your eBay account, you fully and irrevocably indemnify UCS and ZELLIS from all liability arising due to errors or omissions, and accept that use of this tagging is entirely at your own risk.
Our Custom Website Fitment function relies on you supplying your own vehicle master list, whether you created it yourself or obtained it under license from another provider. We will provide you with guidance and training on how to prepare this and upload it, but you and you alone are solely responsible for that vehicle data and your application of it. Where we reasonably believe you may have loaded data into our system which you have no legal right to use, we may suspend your access without warning and require you to provide documentary proof of your legal right to use that data, and failing to do so, we will remove the data from our system. By using our system, you hereby fully and irrevocably indemnify UCS and ZELLIS from all liability arising due to your abuse of data uploaded by you, or uploaded by us at your request into our system, and accept that this is done entirely at your own risk.
FEES & PAYMENT
ZELLIS Auto is billed on a monthly recurring subscription with invoices issued at the start of each calendar month. Where you commence use of the Service partway through a calendar month, your first invoice will be only for the remainder of that calendar month.
A direct debit pre-authorisation with our payment partner Pinch Payments is required to commence use of the Service. You will be provided with a unique link to setup your preferred payment method, using either bank account or credit card, and may change it at any time. If you have lost your unique direct debit pre-authorisation link, please ask and we’ll email it to you you.
Each monthly invoice will be automatically debited to your nominated payment method approximately 5 days after the invoice is issued. Where any scheduled direct debit fails, it will be automatically re-presented for debit 1-2 days later. Where a direct debit fails twice, we may suspend your access to the Service and will contact you to get back on track, or to discuss alternative payment arrangements. Where the Service is suspended due to non-payment, regardless of any impact to your business, you agree to indemnify and hold blameless ZELLIS and UCS from any and all liability or further obligations. Be aware that where you are subscribed to our Website fitment solution powered by Redbook or TecDoc, suspension of the Service may result in fitment dependent features (such as a part finder, virtual customer garage, compatibility badges or lists) on your website ceasing to function without warning.
Rates quoted on our Pricing page here are in Australian Dollars and exclude Australian Goods & Services Tax (GST). GST will be added for Australian Users. The prices published include the full value of our service including any applicable data licences, whether those licence fees are billed direct from the data owner or included in our fees, but excluding optional extra services such as registration or VIN lookups, online data catalogue access or brand packs for which additional fees apply and will be quoted as required. Where data licence fees are billed direct to you by the data owner, our base monthly fee will be reduced by the equivalent amount. Rates for active users are subject to fair change at any time with at least 30 days written notice.
Use of our Website fitment solution powered by Redbook or TecDoc includes a fixed monthly fee plus a percentage of turnover. Turnover upon which the percentage fee is calculated includes sales of tagged SKUs on the webstore where the ZELLIS Auto fitment solutions are deployed, and excludes shipping and sales of untagged SKUs. For the purpose of calculating turnover, customer returns are ignored regardless of the reason or circumstances. Sales on other channels such as marketplaces are also excluded from the turnover calculation.
The number of tagged SKUs and webstore sales of those SKUs can be monitored by you within your ZELLIS Auto dashboard. Just select Usage from the left menu to view it any time. You can select from several preset periodds including current month, last month, or a custom period as you wish.
Where you do not require integration between ZELLIS Auto and a ZELLIS Connect, Maropost or other ecommerce platform account, the setup fee is waived and training will be provided free of charge. Website fitment powered by Redbook or TecDoc cannot be deployed without setup and configuration.
To make use of our real-time automotive fitment solutions, we will need to modify the coding of your webstore to deploy a range of interactive features and functions nominated by you such as part finders, fitment badges, compatibility lists, registration or VIN lookups, sitewide filtering and the like. We refer to these features collectively as ‘Guardrailing’.
We will provide a quote for the services you wish to deploy, and once approved by you and paid, our developers will make the necessary coding changes. Guardrailing is usually a one-time deployment for which there are no additional ongoing fees, except where further coding changes may be required due to interference with the deployed functions and features by you or other agencies or developers who have accessed your platform, or where you later request changes to the layout, styling or function of any Guardrailing features.
Upon termination, Guardrailing features will cease to function, and can be removed from your webstore at your request upon approval and payment of our quote to do so. To manage expectations, the typical price range to remove Guardrailing and ensure your webstore functions as intended without it is between $500 – $2000 and will be influenced by the number and complexity of Guardrailing features that need to be removed.
ERRORS & OMISSIONS
UCS will use its best endeavours to rectify at its cost any material errors or omissions in the Services provided hereunder promptly whenever such an error or omission is found in the course of execution of the Services. An error or omission is material if we determine in our absolute discretion (acting reasonably) that it is not minor and prevents the Services from satisfying the user’s requirements, any Legislative Requirements and/or the standards of Good Industry Practice.
Notwithstanding the foregoing, ZELLIS shall not be liable to rectify any errors or omissions caused or partly caused directly or indirectly by or arising from:
- any misinformation provided by the user;
- any direction given by the user;
- any conduct of the user or any third party;
- any undue duress, pressure or influence exerted by the user upon UCS or its officers, employees, agents or subcontractors; or
- any accident, act of God, fire, flood, war, act of violence, terrorism or similar occurrence beyond UCS’s reasonable control.
The user shall submit all claims for rectification to UCS in writing promptly upon discovering them.
Unless termination requirements have been stipulated in an agreement with ZELLIS or the data owner, you may terminate use of ZELLIS Auto any time by providing at least 30 days’ written notice via email to email@example.com. Terminating use of the service will also disconnect access to our system and revoke any data licence that forms part of your subscription. Once your ZELLIS Auto account has been deactivated, you will lose access to fitment data from our system. When terminating, we recommend that you remove all fitment functions from your webstore before this happens so as not to disrupt the customer experience. We can remove ZELLIS Auto powered functions on your webstore at your request subject to a fair quote and approval by you.
After termination, your fitment tagging data will be retained in our platform for 30 days after which time it may be permanently deleted and lost forever. Product tagging to Redbook or TecDoc is not exportable and by terminating your use of ZELLIS Auto, you are permanently relinquishing all product tagging that has been undertaken in our platform.
UPDATES & NOTICE
Notice will given by way of email to all registered users of ZELLIS Auto when changes and updates are made to this User Agreement. Continued usage of ZELLIS Auto is confirmation of your acknowledgement and acceptance of any changes to this User Agreement. If you do not agree to any of the terms & conditions in this User Agreement or future iterations of it, you must immediately cease using ZELLIS Auto and notify us so we can remove your access.