Last updated: 02 September 2024
These Terms and Conditions apply to your use of our Services, which are owned and operated by Zyft Holdings Pty Ltd ABN 48 629 307 697 trading as Zyft (Zyft, us, we, our).
Zyft was designed to revolutionise the way you shop online by providing price comparison results, including stock availability and price history, from over 50,000 Australian retailers and over 100 million products.
Subject to these Terms and Conditions, the Zyft App is free and available for download and use via the Apple Store or Google Play Store. The Browser Extension is also free and available for download and use from the Zyft Website, Zyft App (iOS only) or Chrome Store.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN ACCESSING OR USING OUR BROWSER EXTENSION, THE ZYFT WEBSITE, THE ZYFT APP OR PRIOR TO USING OUR SERVICES. IF YOU DO USE OUR SERVICES WE WILL ASSUME YOU HAVE ACCESSED AND ACCEPTED THESE TERMS AND CONDITIONS FROM FIRST USE.
Any capitalised terms used have the meanings given at the end of this document.
If you still have questions or comments after reading these Terms and Conditions, please refer to our comprehensive list of FAQs on the Zyft Website here or please contact us anytime at info@zyft.com.
By registering for an Account (where available), downloading the Zyft App or the Browser Extension to your Device, accepting these Terms and Conditions through an option provided to you or otherwise using our Services, you accept and agree to be bound and abide by these Terms and Conditions.
If you do NOT agree to these Terms and Conditions, you must NOT use our Services or register for an Account (and if you have already registered for an Account you must delete it), and you must immediately stop using our Services and remove our Browser Extension and the Zyft App from your Device.
Our Browser Extension, Zyft App and/or our Services are not intended for minors. By using our Services and/or registering for an Account, you represent and warrant to Zyft that you are at least 18 years of age, that you are residing in Australia, and that you are legally capable of entering into binding contracts. If you are under 18 years of age, you may only use the Services with the authorisation of your parent or legal guardian and you represent and warrant to us that your parent or guardian consents to the registration of your Account, and accepts these Terms and Conditions on your behalf.
You acknowledge and agree that you will only use our Services for personal, non-commercial use, and that you are responsible for ensuring all persons who access or use our Services on your Device(s) are aware of these Terms and Conditions and their obligation to comply with these Terms and Conditions. You further acknowledge and agree that you are solely responsible for your use of our Services, your Device and the Internet.
We recommend that you print a copy of these Terms and Conditions or save them to your Device for future reference.
You do not need an Account to use the Services, however if you do not have an Account, you may not be able to access the full functionality of the Services.
You can register for an Account (where available) through the Services by accessing the 'Set up an Account' link on the Zyft App, Browser Extension or Website and following the steps set out.
To open an Account you may need to provide to Zyft certain Personal Information, including your full name, date of birth and email address. We require this information to set you up as a registered user of Zyft and to confirm that you are not a minor. If you consent to provide your mobile phone number to us, we may use this information to send you transactional SMS updates from time to time. You will have the right to opt-out of any marketing SMS updates or messages at any time. Please be aware that whilst Zyft does not charge any users to send or receive text messages, message and data rates may apply from your mobile carrier and you should contact your mobile carrier to understand more about what rates may apply.
You can also view our Privacy Policy here for further information on how we use and handle your Personal Information.
You may only register for an Account in your own name, and you must not provide another person's Personal Information or provide false information to register an Account.
The security of your Password is very important, as it can be used to access your Account and all Personal Information and other information that you store on your Account. You must keep your Password, and any record of it, confidential and keep it secure from any unauthorised access or use.
You are responsible for all activity on your Account, regardless of whether or not you authorised that activity.
You must immediately notify us of any unauthorised access to or use of your Account, and you must take immediate steps to re-secure your Account in the event of unauthorised access or use.
In granting you access to the Services, Zyft provides you with a non-exclusive, royalty-free, non-transferable, non-sub-licensable licence to access and use the Zyft App and/or Browser Extension for sole purpose of receiving the benefit of the Services. You acknowledge and agree that Zyft may impose further terms or limitations on this licence from time to time. We will provide you with prior written notice of any material terms or limitations that may impact your use of the Services and you will have the right to stop using our Services at any time where you do not agree to the new licence terms or limitations.
Zyft is a price comparison service and does not itself provide any products through the Services.
We provide the Services as a platform to allow you and other users to access information from third parties (including Merchants) to support your purchasing decision relevant to a product. In all cases, if you decide to purchase a particular product using a link available on the Zyft App, Browser Extension or Zyft Website you will be directed to the Merchant's (or their agent's) website to purchase your product and make payment.
By accessing and/or purchasing products on a Merchant website, YOU ACKNOWLEDGE AND AGREE that you are purchasing products direct from these Merchants and not from Zyft and that the relevant Merchant's eligibility criteria and terms and conditions will apply to any purchase of a product that you complete with that Merchant.
YOU FURTHER ACKNOWLEDGE AND AGREE that (to the maximum extent permitted by applicable laws) Zyft:
To the maximum extent permitted by applicable laws, any responsibility and liability of Zyft in respect of inaccuracies in, or incompleteness of, any prices displayed on the Zyft App, Browser Extension or Zyft Website are hereby fully excluded and disclaimed.
Through using the Services, you can:
Any information regarding any products or services available through the Services is issued by and from the relevant Merchant. Please be aware that (to the maximum extent permitted by applicable laws):
You agree to provide current, complete and accurate information for your Account and for any use with the functionality of the Services, and to promptly update your Personal Information, including contact information (if it changes) so that we can maintain and manage the provision of Services to you.
Zyft may (but is not obliged to) keep any records or back-ups of the information you give us, or that you may store (in your Account or otherwise) on the Services, and/or that we may provide access to you through the Services. However, you must keep and maintain a separate back-up copy of the information you give to us if you wish to have access to it in a different format or for longer than our usual retention period. Information regarding how long we keep your Personal Information is set out in more detail in our Privacy Policy.
Not all Devices are capable of accessing and using the Services. You are responsible for using, having or obtaining a compatible Device in connection with any access and use of the Services.
You acknowledge and agree that Zyft is not responsible for:
All payments for any products or services that you purchase on the Merchant site are processed directly by the relevant Merchant.
We may track your activity on the Zyft Website, access your use of the Services and/or monitor your usage patterns on the Zyft App, the Browser Extension and Zyft Website. We will only ever complete these activities using aggregated and/or de-identified information and not your identifiable Personal Information. Zyft may use analytics on, or engage third party data analytics service providers for, these purposes and we do so solely to further develop and improve the Services that we offer to you and to offer relevant information to you. If you do not want us to access, collect or use your aggregated or de-identified information for this purpose, you may close your Account and in the absence of an Account, uninstall the Zyft App and/or disable the Zyft Browser Extension from your Device(s). We may also be required to monitor your online activity for fraud prevention and other legal purposes and we may use 'cookies' and/or 'web beacons' for such activity. Further details on how our usage of cookies and other tracking technologies on the Zyft App, Browser Extension and the Zyft Website are set out in our Privacy Policy.
For your convenience, Zyft may include links to Third Party Websites on the Services. For example, Merchants may include hyperlinks to their Third Party Websites or their content. If you choose to access those Third Party Websites or content, you do so at your own risk. We have no control over the content of such Third Party Websites or content, and such sites and content do not form part of the Services. We exclude all liability and responsibility for any loss or damage you may suffer as a result of your accessing or trying to access any Third Party (including Merchant) Websites or content.
You agree that you will not, and you will not permit any other person to:
Notwithstanding the above, your Device may temporarily store copies of the content of our Services including data in respect of products, prices and retailers in RAM in respect of your ability to use the Services, you may store files automatically cached by your browser for display enhancement purposes, you may print or download one copy of a reasonable number of pages of Zyft results for your personal, non-commercial use, and if we provide applications for download you may download a single copy onto your Device solely for your personal, non-commercial use.
Except as otherwise expressly stated under these Terms and Conditions, or as otherwise provided by law, all other use, copying, reproduction, dissemination, modification, adaption, distribution, transmission, republication, display or performance of all or part of the Zyft Website and/or Browser Extension, Zyft App and Services is prohibited. Nothing in these Terms and Conditions constitutes a transfer of any intellectual property rights of any kind.
You will:
The Services may be hosted, managed and supported by Zyft or by our appointed third party cloud-based provider.
Although Zyft will use commercially reasonable efforts to ensure the Services and access to them are available 24 hours a day, 7 days per week, the Services may become unavailable or inaccessible from time to time for any scheduled Updates or as a result of events beyond our reasonable control, such as:
If that happens, we will use commercially reasonable efforts to overcome the circumstances or mitigate their effects, and to resume full operation of the Services as soon as reasonably practical.
Zyft will take reasonable steps to ensure that the Services are subject to security measures that are consistent with accepted industry standards and to secure your Personal Information from any unauthorised loss, access or disclosure. However, you accept that the Internet is not a fully secure environment and that Zyft cannot guarantee that the Services will be secure, error free, uninterrupted or timely or that the Services (or their related servers) are free of viruses, bugs or other malicious or harmful applications or interference.
As such, you acknowledge that you:
We may make Updates to the Services at any time. You acknowledge and agree that the Services may be unavailable for the purpose of us rolling out such Updates. We will use commercially reasonable endeavours to ensure that any Updates will not materially adversely impact your use of the Services.
We may provide you with electronic notifications by email, push notification, SMS or other electronic means. Some electronic notifications are mandatory, including security-related notifications, such as when you update your log-in information or password.
Other types of notifications are voluntary and may be modified through the Services and/or your Account. They may be customised, deactivated or reactivated by you.
Electronic notifications will be sent to the email address you have provided as your primary email address for the Services. You must ensure that you always have a current email address associated with your Account.
Because notifications are not encrypted, we will never include your password. However, notifications may include your Account login name and some information about your accounts. While you may disable certain voluntary notifications, we may still need to send you Services-related notices to allow us to provide you the Services as contemplated by these Terms and Conditions.
Your privacy is very important to Zyft. We may ask you to, or you may provide, Personal Information when you use the Zyft App, Zyft Website and/or Browser Extension and Services. The manner in which we collect, use, disclose and otherwise handle your Personal Information is set out in our Privacy Policy.
Our Privacy Policy explains also how we protect your Personal Information. By providing your Personal Information to Zyft through the Services and by using the Zyft Website, Browser Extension, and/or Zyft App and Services, you agree to Zyft:
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For clarity, this section is subject to Zyft's obligations regarding email communications in Australia.
Zyft will not send you direct marketing material by electronic communications unless you have given us permission to do so. You have the right to opt-out of electronic marketing at any time. If we send you an electronic communication containing marketing, we will provide you with the option of not receiving further communications of that nature, which you can do by clicking the "unsubscribe" link located at the bottom of each communication.
If you become aware of or suspect any misuse or loss of, or unauthorised access to or disclosure of, your Personal Information in connection with the Services, you must let us know immediately.
Zyft owns everything we have created and developed in providing the Services, including the design, compilation, and look and feel of our Services. We also own or licence of all Intellectual Property Rights in the Services, including any Updates.
You retain any Intellectual Property Rights in your content and information you provide to Zyft through the Services.
You grant us a non-exclusive, royalty-free, transferable, worldwide licence to use, and allow our personnel and service providers to use, your Intellectual Property Rights for the purposes of performing our obligations under these Terms and Conditions, and to further develop the Services. You warrant that Zyft's use of your Intellectual Property Rights will not infringe any third party's rights (including Intellectual Property Rights).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND WITHOUT LIMITING YOUR NON-EXCLUDABLE RIGHTS, THE SERVICES, INCLUDING ALL CONTENT CONTAINED ON THE ZYFT WEBSITE, THE ZYFT APP AND/OR BROWSER EXTENSION, ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
To the maximum extent permitted by applicable laws, Zyft does not warrant and has no liability to any party (including to you) in relation to:
Notwithstanding any term that may be interpreted to the contrary, nothing in these Terms and Conditions excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.
To the maximum extent permitted by applicable laws, if any Non-Excludable Right is imposed and Zyft is able to limit its liability, then you acknowledge and agree that our liability to you for any Loss arising out of, as a result of your use of the Services will be limited to:
as applicable: (i) supplying the affected Services (or part) again; or (ii) paying the cost of having the Services (or part) supplied again.
You also agree that to the maximum extent permitted by applicable laws, we are not liable to you for any Consequential Loss arising out of, or in connection with your access to or use of the Services.
Subject to providing prior written notice to you, we may limit, suspend and/or terminate your access and use of the Services due to your breach of these Terms and Conditions. We may also suspend or limit access to the Services at any time due to our requirement to carry out Updates to the Browser Extension, the Zyft App and/or Website or our Services and we will aim to provide you with prior notice of these Updates, where feasible to do so.
You may terminate your use of the Services at any time without notice to us by deleting your Account, immediately stopping your use of our Services, uninstalling the Zyft App and/or removing the Browser Extension from your Device.
In the event that any provision of these Terms and Conditions is found to be unlawful, void or unenforceable under any applicable law, the unenforceable portion will be deemed to be severed from these Terms and Conditions, but that will not affect the validity and enforceability of any of the remaining provisions.
If we fail or delay in the exercise or enforcement of any right or provision of these Terms and Conditions, that will not amount to a waiver of that or any other right or provision.
These Terms and Conditions constitute the entire agreement and understanding between you and us, and govern your access to and use of the Browser Extension, the Zyft App, Zyft Website and the Services. These Terms and Conditions also supersede any prior or contemporaneous agreements, communications or proposals, regardless of whether they were oral or written, between you and us (including any prior versions of these Terms and Conditions).
These Terms and Conditions (including any non-contractual dispute) shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in the State of Victoria.
We may update, change or replace any part of these Terms and Conditions from time to time and we will post all changes on the Zyft Website and/or the Zyft App. In the event of any material changes to the Terms and Conditions, we will take reasonable steps to notify you either via your Account (where set up), by email or your preferred communication method.
You should check the Zyft Website and/or the Zyft App periodically for changes. Your continued use of the Services after these Terms and Conditions have been changed will be taken to be acceptance of such changes.
In these Terms and Conditions:
ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations.
Account means your account set up for use with the Services, and which contains your Personal Information.
Browser Extension means the Zyft Website browser extension for use through a communication network to enable you to compare prices across Zyft-identified Merchant ecommerce websites.
Consequential Loss means any special, incidental, punitive, exemplary, indirect or consequential losses, as well as business interruption losses, loss of revenue, loss of anticipated savings, loss of profits, loss of goodwill, loss of reputation, loss of interest or business opportunity, costs of procurement or substitution of goods, technology or services, and loss of information or data (including the costs of recovering or reconstructing any lost or corrupted data).
Device means a computer, tablet and/or mobile phone on which you have loaded the Browser Extension, downloaded the Zyft App, or which you have accessed the Zyft Website.
Intellectual Property Rights means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including moral rights to be identified as the author of content posted on the Zyft Website and/or the Zyft App), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same.
Loss means any damage, loss, cost, expense or liability whatsoever and however it arises, and whether direct or indirect, present or future, fixed or unascertained, actual or contingent and includes all reasonable legal costs and expenses.
Merchant means a Zyft approved third party that makes available products for purchase through a Third Party Website or App with ecommerce functionality.
Non-Excludable Rights means certain rights, consumer guarantees, warranties and remedies relating to the Services that are implied by the ACL which cannot be excluded, restricted, qualified or modified by Zyft.
Personal Information has the meaning set out in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth) including the Australian Privacy Principles, together with all codes of conduct, statutory codes and regulatory guidelines applicable to the protection and handling of Personal Information in Australia, as each are amended, updated or replaced from time to time.
Services means the Browser Extension, the Zyft App, the Zyft Website, and other products or services that Zyft may offer to provide from time to time, but excluding all Merchant and other third party goods or services provided, including Intellectual Property Rights in any third party goods, services or other materials displayed on the Zyft Website, the Zyft App, Browser Extension and/or in the course of providing the Services.
Third Party Websites means any websites operated by a Merchant or any other third party.
Update means an update, maintenance, addition or removal of any features or functionality, redesign, improvements, new versions, or any modifications to the Services.
Zyft App means the application, available for download through the Apple App Store and Google Play Stores, that allows you to search for products, scan product barcodes or share product URLs of Merchants to enable you to compare prices across Zyft-identified Merchant ecommerce websites or Apps.
Zyft Website means zyft.com