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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.

 

INTELLECTUAL PROPERTY

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 (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.  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 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.

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.

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 3-4 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, 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.

Use of our Website fitment solution powered by Redbook includes a fixed monthly fee plus a percentage of turnover.  Turnover upon which the percentage fee is calculated includes sales on the webstore where the ZELLIS Auto fitment solutions are deployed, and excludes shipping.  For the purpose of calculating turnover, customer returns are ignored regardless of the reason or circumstances.  Sales on other channels such as marketplaces are excluded from the turnover calculation.

Where you do not require integration between ZELLIS Auto and a ZELLIS Connect or Maropost Commerce Cloud platform account, the setup fee is waived and training will be provided free of charge.  Website fitment powered by Redbook cannot be deployed without setup and configuration.


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.