Terms and Conditions

  1. Application of these terms
    1. These Terms are binding and apply to any use of the Services by the Customer and each User.  By using the Services, you irrevocably agree to these Terms.
    2. Please also read our privacy policy available at https://zigloa.com/privacy-policy/ because it will apply to all the information provided to us and forms part of these Terms.  By accepting these Terms, you also accept our privacy policy.
    3. If you do not agree to be bound by these Terms, including our privacy policy, you must not use the Services.
    4. If you accept these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity to these Terms.  In such case, where appropriate, “you”, “your” will refer to that entity.
  2. Changes to terms and conditions.
    1. We may change these Terms at any time. Any changes will be communicated via the website and/or through email communications.
  3. Definitions and interpretation
    1. The following words and phrases have specific meanings wherever you see them used in these Terms:
      1. Account means the account of a User who completes the registration process on the Platform.
      2. Content means computer code, text, graphics, images, music, software, audio, video, information or other digital materials
      3. Platform means the Zigloa website at www.zigloa.com and the Zigloa App.
      4. Services means the operation of the Platform.
      5. Terms means these terms and conditions. 
      6. Third Party Content means Content on the Platform of a third party.
      7. User means a person who visits the Platform.
      8. Zigloa means Zigloa Limited, a company registered in New Zealand under company number 7286316 whose registered office is at 96 Waugh Road, Waiterimu 3784.
  4. Services
    1. The Platform simplifies compliance reviewing of food products to New Zealand and Australian regulations that are applicable.
    2. Zigloa is not a licenced/registered verifier/auditor/food tech consultant. The User’s use of the Services does not constitute having a licenced/registered verifier/auditor/food tech consultant reviewing the User’s product for compliance and the Services do not constitute a verifier/auditor/food tech consultant verification of compliance.
    3. Users should independently review the accuracy and completeness of any data, information or generated results obtained using Platform.
  5. Registration and Termination
    1. To use the Zigloa App, Users must register via the Zigloa website by entering the required details.
    2. To create an Account a User must be over the age of 18 and not have an existing Account.
    3. You will receive an automated email upon registering for an Account allowing you access to the Platform and your Account.
    4. You must not allow others to access or use your Account. No matter whether anyone using your Account is authorised to use it or has obtained unauthorised access, you will remain responsible for their actions and omissions.
    5. You must tell us immediately if you think that someone has used or has unauthorised access to your Account or password, or there has been some other security breach.
    6. If you wish to terminate your Account you must provide us with a minimum of
      1. 10 working days’ notice for the monthly subscription via email (alana@zigloa.com).
      2. 2 working days’ notice for the weekly subscription via email (alana@zigloa.com).
    7. We have the right to suspend or terminate your Account at any time, for any reason or no reason, which need not be disclosed to you.  This includes but is not limited to Accounts that Zigloa, considers in its sole discretion, contain invalid information or to have been used for inappropriate or objectionable activities, in violation of these Terms, in breach of any law in any jurisdiction or which are, or may be, harmful or detrimental to Zigloa or the Platform.  We will not be liable for any loss of revenue or opportunity or any damage, cost or other liability, suffered or incurred by you in connection with a suspended or terminated Account.
    8. If your Account is terminated, we do not have an obligation to delete or return to you any Content you have uploaded to the Platform.
  6. Use of the Platform
    1. After registration Users will be entitled to access to the Zigloa App.
    2. This right to use Zigloa App and the Services is non-transferable and non-exclusive.
    3. You must use the Platform for your own legal internal business purposes.
    4. You must not:
      1. Allow non-registered users access to your Account.
      2. Transfer or allow non-registered users any of their rights to use of service.
      3. Sell, rent, lease, or allow access to any non-registered users to make Zigloa App Services available to non-registered users.
      4. Attempt to invalidate the integrity of the Platform.
      5. Attempt to remove the security measure’s we have put in place to protect User’s information and data.  
      6. Attempt illegal or unauthorised access to Platform, user information or user data, without express consent by all parties concerned.
      7. Upload inappropriate or damaging material into the Platform.
      8. Attempt to copy, reproduce or create any derivative/similar or competitive service to Zigloa.
    5. Payment is by credit card in New Zealand Dollars.
    6. New Zealand registered users will have GST added to their membership subscription. Receipts will show GST amount.
    7. You will be charged for the membership type you selected at registration or as notified in accordance with paragraph 5.8.
    8. You can request a change in membership type at any time; new fees will be enacted at the notification that this request to change membership has been actioned.
    9. Your credit card will be charged on registration and each month on the anniversary of your registration date, regardless of membership type.
    10. No refunds are given should a User terminate their Account during a particular month.
    11. Should fees not be paid on time (for any reason), Account access will be suspended until payment has been received. This can be done manually by contacting Zigloa through details on the contact page.
  7. Viruses
    1. We do not guarantee that the Platform will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and site in order to access the Platform (if applicable).  You should use your own virus protection software.
    2. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any Content.
    3. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform.  You must not attack the Platform (if applicable) via a denial-of-service attack or a distributed denial-of-service attack.
  8. Liability
    1. Users accept all risks and responsibility of using the Platform.
    2. Zigloa will not be liable to you or other third parties for any direct, indirect or consequential loss, cost, lost opportunity or profit, lost goodwill, reputational damage or liability or other adverse event whatsoever, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the Platform or Services.
    3. To the extent permitted by law, Zigloa excludes all conditions, warranties, representations or other terms which may apply to the Platform, whether express or implied and for the avoidance of doubt, Zigloa does not warrant that the Platform reflects the applicable regulations.
    4. Zigloa does not endorse, warrant or make any representation about any Third Party Content and you acknowledge that we have not independently verified any of the information contained in the Third Party Content.
    5. Although Zigloa makes reasonable efforts to update the information on the Platform, Zigloa makes no representations, warranties or guarantees, whether express or implied, that the Content on the Platform is accurate, complete or up-to-date.
    6. Zigloa does not warrant that the use of the Platform will be uninterrupted or be error free.  Should we need to carry out maintenance on the Platform, we will endeavour to ensure that services are minimally disrupted. Notice will be given by website or internal email communication should there be the potential for disruption.
    7. In jurisdictions that do not allow these exclusions or limitations to be imposed, or any of the liabilities outlined are held to be unenforceable, Zigloa’s maximum liability shall not exceed the charges for the 6 months membership subscription that the User has signed up for.
  9. Links to third parties
    1. The Platform may contain links to other sites that we do not control. These links are provided for your convenience only. We make no representations about the accuracy of information or the quality of products and services found on any linked site. We will not be responsible for the content of any of those sites or for any loss or damages suffered as a result of you using any linked sites.
  10. User Warranties
    1. The User agrees that it is using the Services for the purpose of a business and that the Consumer Guarantees Act 1993 (NZ) and any other similar consumer protection legislation in any jurisdiction does not apply to the Services.
  11. Indemnity
    1. You agree to indemnify, and hold Zigloa and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, any tax, legal and/or accounting fees, arising out of or in connection with your access to or use of the Platform, Services or your violation of these Terms.
  12. Intellectual Property
    1. Zigloa is the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it.  Those works are protected by trade mark, copyright and other intellectual property and trade practices laws and treaties around the world.  All such rights are reserved.
    2. For the avoidance of doubt, you have no right to access the software code (including object code, intermediate code and source code) of the Platform.  In addition, you agree not to reverse engineer, reproduce, duplicate, copy, sell, assign, resell or exploit any portion of the Platform or use or access the same without our express prior written permission.
    3. You own, or undertake that you are authorised to use, any intellectual property in any Content you upload to the Platform.  You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available your Content, for the purposes of enabling you and those you give access to, to use the Platform and the Services and for any other purpose related to provision of the Services to you and them.
    4. Users are required to maintain copies of the reports outputted from Zigloa use in a secure email account that is associated with their membership.
    5. Zigloa is not responsible of the confidentiality of the report data after it has been sent to the email associated with the account.
    6. The Zigloa logo is a trademark of Zigloa and not allowed to be copied/represented without Zigloa’s written consent.
  13. Privacy and Personal Information
    1. Please see our privacy policy available at https://zigloa.com/privacy-policy/ for information concerning our collection and use of personal information (which means any information that can identify a person either directly or indirectly)
    2. You warrant in respect of all Personal Information which is contained in any Content that you upload to the Platform, that you have the right to collect and use that Personal Information for the production in question and to make it available to us and our third party service providers so that we can together deliver the Services.  You further warrant that our and those third parties’ collection, storage, distribution, disclosure and other use of that Personal Information to deliver the Services will not breach any privacy, data protection or other similar law in any jurisdiction.
  14. Miscellaneous
    1. Should technical issues arise, resources are available on the Platform to assist a User to resolve their technical issue.
    2. If the issue is not able to be solved by the user, users can get in touch anytime with the Zigloa team via the Contact us page.
    3. These Terms will be governed by and construed in accordance with New Zealand law.  You agree to submit to the exclusive jurisdiction of the courts of New Zealand with respect to any claim or matter arising out of or in connection with these Terms or their termination.  Any dispute or difference arising out of or in connection with these Terms or the subject matter of these Terms, including any question about their existence, validity or termination, will be referred to and finally resolved by arbitration before a sole arbitrator in accordance with the Arbitration Rules of the Arbitrators’ and Mediators’ Institute of New Zealand for the time being in force.  
    4. No failure or delay by Zigloa to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy.  No single or partial exercise of such right or remedy by Zigloa will prevent or restrict the further exercise of that or any other right or remedy.
    5. If any provision or part-provision of these Terms is or becomes void, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.  If such modification is not possible, the relevant provision or part-provision will be severable and deemed to be deleted, and will not affect the validity, legality or enforceability of the remaining provisions.
    6. If you have any questions or concerns in relation to the Platform or these Terms, please Contact Us.
    7. These terms were last updated on March 31, 2019.