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By using any of the goods or services supplied by Zwift you are agreeing to the following terms and conditions which cannot be varied by any other terms or conditions without the prior written consent of Zwift.

 

1. Definitions
1.1 “Zwift” means any person or entity representing Zwift International Pty Ltd.
1.2 “Customer” means any person or entity that seeks goods and/or services from Zwift or its clients.

 

3. Fee Structure
3.1 All services supplied by Zwift are chargeable.
3.2 All onsite visits are chargeable with an initial call out fee and an initial payment block charged.
3.3 Payment blocks are supplied in half hour segments and are fully chargeable five minutes into any half hour.
3.4 All goods supplied by Zwift will be charged additionally.
3.5 The Customer is required to know the fees for requested goods or services prior to the goods or services being provided.

 

4. Payments
4.1 Payment to Zwift must be made by credit card or PayPal at the completion of the order being placed. Notification of the order to the requested client will not be placed nor will the supply of the goods or services be processed from our clients until payment has been processed, authorised and approved.

 

5. Default in Payment
5.1 If any payment has not been received by the agreed time or payment is dishonoured or reversed (for whatever reason) then the Zwift commission will still be charged

5.2 Zwift may then in its efforts to recover outstanding debt:
5.2.1 Charge interest on the outstanding amount at the rate of 2% per annum more than the rate from time to time fixed by the Penalties Interest Act 1983 and compounded monthly.
5.2.2 Charge the customer for all expenses and costs incurred in the reasonable pursuit of the debt including, but not limited to, legal fees, dishonour cheque fees etc.
5.2.3 Discontinue the supply of any goods or services currently under quote or contract.

 

6. Ownership and customer responsibility of goods supplied by Zwift
6.1 Ownership of goods remains the property of Zwift until full cleared payment for the goods has been received.
6.2 The customer takes full responsibility for the goods immediately upon delivery, this includes damages, theft or otherwise.

 

7. Zwift warranties
7.1. Any date quoted or invoiced for the delivery of goods or completion of services are indicated only as estimates and are not guaranteed.
7.2. Zwift will endeavour to remedy all problems relating to the customers requirements but does not guarantee the longevity of solutions or even being able to solve all problems.
7.3. Warranties for goods supplied by Zwift from third parties will remain the responsibility of the third party.
7.4 Goods and services provided by Zwift are of a technical nature and as such are subject to errors, bugs, unexpected issues, viruses and the like.
7.4.1 Zwift assumes no liability for any issues relating directly, or indirectly, from such provision and the ongoing stability of any software or hardware is not guaranteed in any way by Zwift.
7.4.2 Customers are advised to exercise caution in utilising the goods or services provided by Zwift by setting up appropriate precautionary measures.
7.5 Zwift assumes no responsibility for any ongoing issues on a machine or device after a service has been performed. This includes issues directly, or indirectly, relating specifically to the software or hardware monitored, modified, upgraded or removed.
7.6 Zwift will not be responsible in any way for any breach of any software licence in respect of software provided by the Customer.
7.6 Zwift will comply with its obligations under the Privacy Act 1988.

 

8. Customer Responsibilities
8.1 The Customer assumes sole responsibility for all data
8.2 The Customer is required, without notice, to back up all software, data and files that are stored on its computer and/or on any other devices it may have prior to any services supplied by Zwift. Zwift will not be responsible at any time for any loss, alteration or corruption of any such software, data or files.
8.3 Customer must read and shall be deemed to have read the Privacy Policy and agrees and consents irrevocably to Zwift’s use of the customer’s personal information in accordance with the Privacy Policy.
8.4 The Customer must swiftly document and report errors, faults or unexpected behaviours in the operation of any goods or any provision of the service to assist in minimising Zwift’s error analysis.
8.5 The Customer is required to know the fees for any goods or services provided by Zwift prior to the goods or services being provided and agrees irrevocably to adhere to the payment requirements of Zwift.
8.6 The Customer warrants that it has a valid licence in respect of any software and shall indemnify Zwift against any loss, damage, costs, harm or other expense whatsoever arising either directly or indirectly as a result of Zwift installing any software.

 

9. Liability
9.1 To the full extent permitted by law, all conditions, warranties, representations, indemnities and guarantees with respect to the goods and/or the services, or other goods or services that may be provided or recommended by Zwift under these Conditions, that may otherwise be implied by statute, law, equity, trade custom, prior dealings between the Parties or otherwise are hereby expressly excluded.
9.2 Zwift’s sole liability to the Customer for any and all breaches of any term or terms of these Conditions, whether express or implied, shall be limited to:
9.2.1 subject to sub-clauses 9.2.2 and 9.2.3, the aggregate amount of the fees and charges paid by the Customer in relation to the breach under these Conditions as at the date of the breach;
9.2.2 in relation to goods if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the replacement of the goods or the supply of equivalent goods; or
(b) payment of the cost of replacing the goods or acquiring equivalent goods; or
(c) the repair of the goods or payment of the cost of having the goods repaired; and
9.2.3 in relation to services if supplied to Customer as a consumer (as defined in the Trade Practices Act 1974):
(a) the supplying of the services again; or
(b) the payment of the cost of having the services supplied again, as in each case Zwift may elect.
9.3 Zwift shall in no way be liable to any Customer or third party in respect of the use of (or failure or performance of) the goods or the supply of the services for:
9.3.1 Errors, failures, malfunctions or unexpected behaviours caused directly or indirectly by:
9.3.1.1 Any third party;
9.3.1.2 Actions of Zwift whether or not authorised by the Customer.
9.3.1.3 Accident, misuse or abuse by anyone.
9.3.1.4 Alteration or modification of any goods by anyone.
9.3.1.5 Any hardware or software that is attached to the goods whether supplied by Zwift or not.
9.3.1.6 Failure to provide the recommended operating environments for the goods.
9.3.1.7 Damage during the relocation, reinstallation or reconstruction of the goods.
9.3.1.8 Power surge or failure
9.3.1.9 Acts outside the control of Zwift or acts of God
9.3.1.10 Normal wear and tear
9.3.2 The loss or damage in any way of any files, data, services, performance, hardware or the like caused directly or indirectly by the breach of any conditions set out in these conditions by the Customer or by the actions of Zwift.
9.3.3 Any loss of profit, business interruption or damage of goodwill
9.3.4 The Customers liability to any third party
9.3.5 Damages of any nature howsoever arising or caused.
9.4 Zwift will not be liable in any way for any loss or damage suffered by the Customer where Zwift, a Zwift Agent or a Zwift Representative has failed to deliver any goods or complete any task by the previously agreed time or by the cancellation or suspension of any goods or services for any reason.
9.4.1 Zwift will not provide a guarantee for a Service Provider to deliver but for any related issues or complaints you can contact Zwift.
9.4.2 Zwift will not provide any guarantee where a Zwift agent or Zwift representative has failed to deliver any goods or complete any task by the previously agreed time or by the cancellation or suspension of any goods or services for any reason. For any related issues or complaints you can contact Zwift.
9.5 Any replacements of parts, under Warranty or not, will be carried out at the premises nominated by Zwift.
9.6 The cost and risk for the transportation of any goods by Zwift, or nominated third party, is the Customers responsibility.
9.7 Nothing in these conditions excludes, restricts or modifies in any way:
9.7.1 Liability for fraud or deceit
9.7.2 Liability for injury or death caused by negligence

 

10. Cancellation
10.1 Zwift reserves the right to cancel the delivery of any goods or supply of any service at any time and may cancel any order by notice to the Customer in writing.
10.2 Customers cancelling the request for on-site service with less than 5 hours notice may be charged a cancellation fee up to the value of the appropriate initial fees relating to the onsite service.

 

11. No representation
11.1 The Customer acknowledges and confirms that Zwift has not made any representations to it to enter these Conditions and does not enter under any reliance on any representation by Zwift, except for representations set out in these conditions.
11.2 The Customer understands and confirms that its decision to enter into these Conditions was, and is, not based on any promise, representation, statement, warranty or undertaking made by Zwift.
11.3 The Customer has relied on its own skill and judgement in deciding to purchase and acquire the goods and services.

 

12. Governing law
12.1 This Agreement is governed by and must be construed according to the law applying in Victoria.  The Parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Victoria.