Terms & Conditions
ZEBRAR AR CREATOR TOOL
- This website (Site) is operated by Zebrar Pty Ltd (ABN: 46 621 296 777) (we, our or us). It is available at: https://www.zebrar.com/. We provide a self service portal on the Site where you can purchase an augmented reality version of your product (AR Product). AR Products can be placed on your website so your website visitors and customers can view your products in AR.
- To request a quote, you may upload digital files (whether images, 3D models, CAD drawings or similar) (Files) of the product you would like us to convert to AR, on the Site. You may choose from available options to indicate the level of complexity of the order.
- There are certain details you must provide when placing your order. You must provide accurate descriptions, details, dimensions and sizes of the products in each file you upload, before you submit your order through the Site. You must also provide us with any website URLs on which you intend to display the final AR Product. The AR Product will only be compatible with the websites listed when you placed your order.
- We will provide you with an online quote which is based on the level of complexity of the job, and to place an order you must pay the Price via the Site. If, once you have placed your order, we discover that the degree of complexity of your order is higher than you indicated, we will not start creating your AR Product until we have received payment of an additional fee in line with the level of complexity.
- Once you have placed an order, we will send you a confirmation email, with an indication of how long it will take us to create your AR Product.
- Price and payments
- You must pay us the purchase price of each AR Product you order (the Price) through Square, a third party payment processor. You acknowledge that we have no control over Square, and your use of Square may be subject to Square’s terms and conditions. We do not store any credit card details, and all payment information is collected and stored through Square.
- All amounts are stated in United States dollars and are exclusive of taxes or VAT (where applicable).
- Creating your AR Product
- We will email the draft AR Product to you and you must accept the draft in writing, or tell us if you require any reasonable amendments based on the original order. If after 2 business days, you have not advised us of your acceptance or requested any modifications, you will be deemed to have accepted the draft AR Product. We are not responsible for any delays caused by your failure to accept, or delay in accepting, any drafts.
- Where you request any modifications, we will amend the draft AR Product in line with your requests.
- Following your acceptance, deemed acceptance, or one round of modifications, your AR product will be emailed to you.
- You acknowledge and agree that:
- while we aim to create an AR Product which is similar to your original product, due to the nature of AR, it is impossible to perfectly replicate an AR version of your product;
- the accuracy of the final AR Product is dependent on the accuracy of the information you provided when you submitted your order; and
- we have no responsibility for your customers’ use of the AR Product on your website, nor any decisions your customers make based on the AR Product and information you provide to them.
- Each AR Product we make is bespoke, and so we generally do not accept any requests for cancellations once you have placed your order. However, you may contact us on the details below to discuss this and we may grant partial refunds in exceptional circumstances.
- Intellectual property
- All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the AR Products) will at all times vest, or remain vested, in us.
- You grant us a non-exclusive, revocable, worldwide, sublicensable and non-transferable right and licence, to use your intellectual property rights in the Files and any other materials you provide to us, solely for our performance of our obligations under these Terms, including to create the AR Product for you.
- You represent and warrant that you have all necessary rights and licences to provide the Files to us, and that the Files and all information you provide to us do not breach any person’s intellectual property rights or privacy rights or any applicable law.
- Upon receipt of payment of the Price, we grant you a perpetual, non-exclusive, revocable, sublicensable and non-transferable right and licence to use your AR Product solely to enable you to embed the AR Product on the website/s you provided to us when placing your order.
- Except as permitted in this clause, you must not, without our prior written consent:
- copy or use, in whole or in part, any of our intellectual property;
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
- breach any intellectual property rights connected with the Site or the AR Products, including (without limitation) altering or modifying any of our intellectual property, or creating derivative works from any of our intellectual property.
- Prohibited conduct
- When using the Site, you must not:
- transmit, share or link to any Files or materials which: (i) contain a virus; (ii) are unlawful, harmful, offensive, vulgar, obscene, defamatory, offensive, abusive, indecent or unwanted; (iii) depict indecent, pornographic or sexually explicit images; or (iv) reveal any confidential or sensitive information not permitted to be revealed;
- damage, interfere with or interrupt the Site or our supply of AR Products; or
- send any form of harassment, or use the Site in breach of any person’s privacy.
- Despite anything to the contrary, to the maximum extent permitted by law:
- our maximum aggregate liability arising from or in connection with the Terms (including the AR Products and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Price paid by you to us for the AR Product the subject of the relevant claim; and
- we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
- Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with:
- any loss of the AR Products, or corruption to the AR Products, where caused or contributed to by you;
- any interruptions or downtime to the Site or an AR Product;
- any lack of suitability of an AR Product for your or your customers’ particular circumstances; or
- your breach of the Terms or any law.
- Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the AR Products which cannot be excluded, restricted or modified (Consumer Law Rights). Nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL.
- Amendment: We may vary these Terms by publishing varied terms on the Site. The Terms that will apply to you are those that are in place when you place an order. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them.
- Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
- Photographs: If you provide us with photographs or screenshots of your use of the AR Products, including via email or by tagging us on social media, you consent to us publishing such photographs and details for our marketing purposes including on the Site and social media.
- Governing law: These Terms are governed by the laws of New South Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales. The Site may be accessed in Australia and overseas.
For any questions and notices, please contact us at:
Zebrar Pty Ltd (ABN: 46 621 296 777)
Last update: 12 August 2021