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 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. This web-based application 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. Reverse engineering, duplication, sharing, mimicking or interference with the system or Redbook data, or associated coding and functions will constitute a breach of this User Agreement, the perpetrator/s suspended permanently without warning, and may lead to legal proceedings by ZELLIS, UCS and/or Redbook.
USE OF 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.
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.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
USE OF DATA
ZELLIS Auto makes use of several vehicle and motorcycle datasets, to each of which applies certain terms & conditions for use.
The data used for eBay vehicle and motorcycle fitment is provided by eBay.com.au and is subject to the Master Vehicle List User Agreement published by eBay on their website here.
The data used for webstore fitment solutions is provided by Redbook under license.
The 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 remove the data. 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.
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.
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.