Terms and Conditions
  1. General Information

Zesty is a site for adults who provide information to Zesty in accordance with these Terms (Site Users) to meet each other online.

Zesty enables Site Users to contact other Site Users. Each Site User can select and set up its own profile on the Zesty Website, to be viewed by another Site User in order to arrange for a paid date. Site Users will be able to view another Site User’s profile and arrange for a meeting through a private chat site provided by Zesty. Communications begin only after the requesting Site User places a request and the recipient Site User accepts the request.

The services provided by Zesty are provided to Site Users free of charge by Zesty. Zesty is not an escort site, nor will Zesty promote or allow in any way any type of escorting services, prostitution or offering of money or any other consideration in exchange for engaging in any sexual activity on the Zesty Website.

We require all Site Users to report any suspicious activity or requests of this nature immediately to Zesty which will act upon any complaints.

  1. Terms binding

By accessing the Zesty Website, which also includes any mobile application, the Site User agrees to be bound by these Terms, whether or not the Site User register as a Site User. If the Site User wish to visit the Zesty Website or to become a Site User and make use of the services of Zesty (Services), please read these Terms carefully.

If the Site User do not accept and agree to be bound by all of the terms and conditions of these Terms or the Site User do not meet or comply with its provisions, do not use the Zesty Website or the Services. Please review these Terms carefully.

These Terms in electronic form sets out the legally binding terms that must be accepted to use the Zesty Website and/or to become a Site User.  These Terms may be modified by Zesty.com in its sole discretion at any time and from time to time, and any such modifications will be posted on the Zesty Website. The Zesty Website will show the last date in which these Terms was updated. The Site Userr continued use of the Zesty Website or the Services after the posting of modifications to these Terms will constitute the Site Userr acceptance of such revisions.

These Terms include:

  1. com’s Privacy Policy;
  2. any notices regarding the Zesty Website or the Services disclosed to the Site User on the Zesty Website;
  3. any terms disclosed and agreed to by the Site User as a Site User or if the Site User purchase or accept additional features, products, or services offered by Zesty on the Zesty Website.

By accessing the Zesty Website or using the Services, the Site User accepts these Terms and consent to have these Terms and all notices provided to the Site User in electronic form. To withdraw this consent, the Site User must cease using the Services and terminate the Site User’s Account.

  1. Eligibility

The Site User must be at least eighteen (18) years old to register as a Site User or use the Zesty Website. Any use by a Site User who is not over the age of eighteen (18) years is void. By using the Zesty Website, the Site User represents and warrants that the Site User has the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions of these Terms. In addition, when the Site User become a Site User, the Site User represent and warrant that the Site User has never been convicted of a felony and that the Site User is not required to register as a sex offender with any government entity.

The Site User will only use the Services in a manner consistent with these Terms and any and all applicable local, state, national and international laws and regulations. The Site User are responsible for determining whether the use of the Services is legal in the Site User’s jurisdiction and indemnifies and holds indemnified Zesty in respect to any criminal or civil prosecution in this regard.

The Site User acknowledges that Zesty has relied upon any and all warranties provided by the Site User in allowing the Site User access to the Zesty Website and Services.

If any of the warranties provided by the Site User in these Terms are incorrect, Zesty may terminate the Site User’s privileges in respect to the Services and the Zesty Website.

  1. Terms of the Agreement

These Terms will remain in full force and effect while the Site User use the Zesty Website and/or are a Site User. The Site User may terminate the Site User’s use at any time by notice in writing to Zesty at the following:

Email: 

Postal address:

Zesty.com may terminate the Site User’s use for any reason, effective upon sending notice to the Site User at the email address the Site User provide in the Site User’s application for Site Usership, or such other email address as the Site User may later provide to Zesty. After the Site User’s use is terminated for any reason, all terms of these Terms survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

  1. Non-commercial Use by Site Users

The Zesty Website and the Services are for personal use only. Site Users may not use the Services in connection with any commercial endeavors such as:

  1. advertising or soliciting any user to buy or sell any products or services;or
  2. soliciting others to attend parties or other social functions, or networking, for commercial purposes. Site Users of the Zesty Website may not use any information obtained from the Services to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organisations, companies, and/or businesses may not use the Services or the Zesty Website for any purpose. Zesty may investigate and take any available legal action in response to illegal and/or unauthorised uses of the Zesty Website, including collecting usernames and/or email addresses of Site Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Zesty Website.  
  1. Account Management & Security

The Site User’s account (Account) is for the Site User’s personal use only. It is the Site User’s responsibility to maintain the confidentiality of the username and password the Site User designate during the registration process, and the Site User are solely responsible for all activities that occur under the Site Users username and password, and of ensuring that the Site User log out from the Site User’s Account at the end of each session. The Site User acknowledge that Zesty is not responsible for third party access to the Site User’s Account that results from theft or misappropriation of the Site User’s username or password. The Site User agree to immediately notify the Zesty of any of suspicion of, or disclosure or unauthorised use of the Site User’s username or password or any other breach of security.

  1. Proprietary Rights

Zesty shall retain all proprietary rights in the Zesty Website and the Services, and in all content, trademarks, trade names, trademarks and other intellectual property rights related thereto. The Zesty Website contains the copyrighted material, trademarks, and other proprietary information of Zesty and its licensors. Except for that information which is in the public domain or for which the Site User have been given written permission, the Site User may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The Site User agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, trademarks or other intellectual property or proprietary information accessible on the Zesty Website or through the Services, without first obtaining the prior written consent of the Zesty or, if such property is not owned by Zesty, the owner of such intellectual property or proprietary rights. The Site User agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

  1. Acceptable Use of the Zesty Website

The Site User are not allowed to use the Zesty Website to promote, engage or conduct any escort activity, or promote, solicit or engage in prostitution or any sort of exchange of sexual activities for money or other type of consideration. We reserve the right, among other, to remove the Site User from the Zesty Website and cancel the Site User’s use if any such conducts come to our attention.

The Site User are solely responsible for the content and information such as emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively Content) that the Site User make available to others on the Zesty Website or as part of the Services (post).

The Site User may not post on the Zesty Website or as part of the Services any material:

  1. in violation of any applicable law or regulation;
  2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or
  3. in a manner that is offensive, inaccurate, profane, intimidating, defamatory, obscene, threatening, abusive or hateful.

The Site User represent and warrant that all information that the Site User submits upon registration is accurate and truthful and that the Site User will promptly update any information provided by the Site User that subsequently becomes inaccurate, misleading or false.

The Site User represents, warrants and agrees that the Site User will not use (or plan, encourage or help others to use) the Zesty Website and the Services for any purpose or in any manner that is prohibited by these Terms or by any applicable law (including but not limited to any applicable export controls). It is the Site User’s responsibility to ensure that the Site User’s use of the Zesty Website and the Services complies with these Terms.

Zesty specifically prohibits any use of the Zesty Website or the Services, and the Site User hereby agrees not to use the Zesty Website or the Services for any of the following:

  1. post, upload, display or otherwise make available Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that advocates harassment or intimidation of another person;
  2. post any incomplete, false, misleading, or inaccurate Content about the Site User and/or the Site User’s profile, including impersonating, or otherwise misrepresenting affiliation, connection or association with, any person or entity;
  3. post any Content that is not entirely the Site User’s own or for which the Site User do not have full rights to use;
  4. allow any other person to access a non-public area of the Zesty Website, disclosing to or sharing the Site User’s password with any third parties, or using the Site User’s password for any unauthorised purpose;
  5. use meta tags or code or other devices to direct any person to any other Zesty Website for any purpose;
  6. post or send material that exploits minors in a sexual or violent manner, or solicits personal information from anyone under eighteen (18) years of age;
  7. fail to report knowledge of a person using the Zesty Website under the age of eighteen (18) years to Zesty, or continue to use the site to interact in any way with anyone the Site User knows is under the age of eighteen (18) years;
  8. solicit passwords or personal identifying information for commercial or unlawful purposes from other Site Users;
  9. engage in advertising to, or solicitation of, other Site Users to send money, buy or sell any products or services;
  10. transmit any chain letters or junk email to other Site Users;
  11. solicit gambling or engage in any gambling or similar activity;
  12. post advertisements or solicitations of employment, business, or pyramid schemes;
  13. use the Zesty Website or Services for activities that violate any law, statute, ordinance, or regulations; and
  14. use the Zesty Website or Services to encourage, promote, facilitate, or instruct others to engage in any illegal activity.

If the Site User breaches the terms of this subsection and sends or posts prohibited and/or unsolicited communications of any kind through the Services, the Site User acknowledge that the Site User will have caused substantial loss and damage to Zesty but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such loss and damage, the Site User agrees to pay Zesty $100.00 for each such prohibited and/or unsolicited communication the Site User sent through the Services;

Zesty reserves the right but has no obligation, to monitor any Content the Site User posts on the Zesty Website or as part of a Services. Zesty will have the right (but not the obligation) to remove any Content that in Zesty’s sole opinion:

  1. violates, or may violate any applicable law or either the letter or spirit of these Terms;
  2. may harm the reputation of the Zesty Website or the Zesty; or
  3. upon the request of any third party.

Zesty will have the right (but not the obligation) to investigate and take appropriate legal action in its sole discretion if a Site User violates any provisions herein, including removal from the Zesty Website and Services.

Zesty may restrict the number of communications which a Site User may send to other Site Users to a number which the Zesty deems appropriate in its sole discretion. Zesty may also collect feedback from Site Users as to their overall opinion of each date attended and post such information on the Zesty Website opposite to a Site User´s profile.

By posting Content on the Zesty Website or as part of the Services, the Site User automatically grants to the Zesty, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to:

  1. use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content;
  2. prepare derivative works of the Content or incorporate the Content into other works; and
  3. grant and authorise sublicenses of the foregoing in any media now known or hereafter created. The Site User represent and warrant that any posting and use of the Site User’s Content by the Zesty will not infringe or violate the rights of any third party.

The Site User agree that the Zesty may access, preserve and disclose the Site User’s Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

  1. comply with legal process;
  2. enforce these Terms;
  3. respond to claims that any Content violates the rights of third parties;
  4. respond to the Site User’s requests for customer Services or allow the Site User to use the Zesty Website in the future; or
  5. protect the rights, property or personal safety of Zesty or any other person.

Additionally, the Site User are prohibited from violating or attempting to violate the security of the Zesty Website, including, without limitation:

  1. accessing data not intended for the Site User or logging into a server or account which the Site User are not authorised to access;
  2. attempting to probe, scan, or test the vulnerability of a system or network to breach security or authentication measures without proper authorisation;
  3. attempting to interfere with or disrupt the Services or the Zesty Website including, without limitation, by way of submitting a virus to the Zesty Website, overloading, flooding, spamming, mail bombing, or crashing;
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services;
  5. forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted to or through the Zesty Website or Services (either directly or indirectly through use of third party software);
  6. using (or attempting to use) any engine, software tool, agent, or other device or mechanism any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Zesty Website, Services or its contents; and
  7. modifying, adapting, sublicensing, translating, selling, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Services or the Zesty Website or any software used on or for the Services or the Zesty Website, or cause others to do so.
  8. Site Users Reporting

Should the Site User notice any illegal, abusive, in violation of these Terms, or in any other way unauthorised usage of the Zesty Website and/or the Services, the Site User shall inform Zesty. Zesty will then check the issue and, at its discretion, take any appropriate actions.

  1. Risk Assumption and Precautions

Zesty is not responsible for the conduct, whether online or offline, of any user of the Zesty Website or Site User of the Services. The Site User assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with other Site Users, including dating or sending money to another Site User. The Site User agree to take all necessary precautions when meeting individuals through the Services.

THE SITE USER ARE SOLELY RESPONSIBLE FOR THE SITE USER’S INTERACTIONS WITH OTHER SITE USERS. THE SITE USER UNDERSTANDS THAT ZESTY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS SITE USERS. ZESTY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS SITE USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS SITE USERS. ZESTY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF SITE USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE SITE USERS. ZESTY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

In no event shall Zesty, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of the Site User or anyone else in connection with the use of the Zesty Website or Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Site Users or persons the Site User meet through the Services. The Site User agree to take all necessary precautions in all interactions with other Site Users, particularly if the Site User decide to communicate off the Zesty Website or meet in person, or if the Site User decide to send money to another Site User. The Site User understand that Zesty makes no guarantees, either express or implied, regarding the Site User’s ultimate compatibility with individuals the Site User meet through the Services. The Site User should not provide the Site User’s financial information (for example, the Site User’s credit card or bank account information), or wire or otherwise send money, to other Site Users.

  1. Copyright Policy

The Site User may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if the Site User believe that the Site User’s work has been copied and posted on the Services in a way that constitutes copyright infringement, please contact Zesty immediately, advising details of the manner of the copyright infringement.  Zesty will terminate the Accounts of repeat infringers.

  1. Subscription; Profiles; Date Arrangements

Zesty enables Site Users to contact each other on the Zesty Website, and, in this process, view other Site Users’ profiles (which may include data, pictures, videos, etc.). In order to be able to view other Site Users’ profiles, the first Site User (Requester) needs to make a non-binding request (Request) that will be passed through the Services to other Site Users in the proximity of the Requester. An interested Site User can answer to the Request by either accepting or rejecting the same. In case of acceptance, such Site User grants access to the Requester to her/his profile.

When making a Request, the Requester must determine the starting time, tentative duration (in hours) and approximate price range that he/she is willing to pay for the date. The price is in AUS Dollars ($). Site Users make a Request based on the approximate price that they are willing to pay for the date. Zesty does not make any promises or representation on behalf of any Site User as to the actual dollar amount requested.

Zesty automatically passes a non-binding Request to the other Site Users, once the button “Send Request” has been clicked by the Requester. Site Users can accept the Requests in order to make contact with the Requester. Acceptance of a Request only means that the Site User is willing to move forward in the communications with the Requester via the chat feature provided through the Zesty Website. Once two Site Users have agreed on the terms of the date, the exact price and purpose of the date is logged in the pop-up balloon chat and both parties need to confirm their agreement as to the same. Payment only happens when the two Site Users meet. No payment is processed through the Zesty Website. Requester and accepting Site User are free to decide what will be the terms and length of their date, as well as any commitment level and/or interaction. Zesty does not participate and is not responsible in any manner for any such terms or any actions or omissions that may take place during the date (which is the private business of the Site Users). Zesty’s only role is facilitating a first contact between Site Users. Each Site User is free to attend or cancel a date at their own discretion.

  1. Services

Zesty reserves the right at any time to modify or discontinue, temporarily or permanently, the Zesty Website or the Services (or any part thereof) with or without notice. The Site User agrees that Zesty shall not be liable to the Site User or to any third party for any modification, suspension or discontinuance of the Services. To protect the integrity of the Zesty Website or the Services, Zesty reserves the right at any time in its sole discretion to block Site Users from certain IP addresses from accessing the Zesty Website or Services.

  1. Site User’s Information

When the Site User register for our Services on the Zesty Website, the Site User will be asked to provide us with certain information, including but not limited to a valid e-mail address and a mobile phone number (User Information). Zesty’s right to use the User Information is described in our Privacy Policy. Please see our Privacy Policy for further details regarding use of the User Information. Zesty reserves the right to offer third party services and products to the Site User based on the preferences that the Site User identify in the User Information and at any time thereafter; such offers may be made by us or by third parties and the Site User may opt out from such offers at any time by simply clicking Unsubscribe at the bottom of the communication, or by sending us an e-mail to the address provided in the Contact Us section of the Zesty Website.

The Site User acknowledges and agrees that Zesty may disclose in whole or in part the User Information if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to:

  1. comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law);
  2. protect or defend Zesty’s, or a third party’s, rights or property; or
  3. protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.

Notwithstanding any other provision of these Terms or the Privacy Policy, Zesty reserves the right, but has no obligation, to disclose any information that the Site User submit to the Services, if in its sole opinion, Zesty suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that Zesty, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. The Site User hereby acknowledges and agrees that Zesty is permitted to make such disclosure.

  1. Links

The Zesty Website may contain, and the Services may provide, links to sites that are not maintained by Zesty. While we try to include links only to those sites which are in good taste and safe for our Site Users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Zesty Website does not imply our endorsement of the linked site. If the Site User decide to access linked third-party Zesty Websites, the Site User do so at the Site User’s own risk. The Site User’s correspondence or business dealings with, or participation in promotions of, third parties found on or through the Zesty Website or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Site User and such third party. The Site User further acknowledges and agrees that Zesty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such Zesty Website or resource.

  1. Disclaimers

The Site User acknowledges and agrees that neither Zesty nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of:

  1. any incorrect or inaccurate Content posted on the Zesty Website or provided in connection with the Services, whether caused by Site Users or any of the equipment or programming associated with or utilised in the Zesty Website or Service;
  2. the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings;
  3. the conduct, whether online or offline, of any Site User;
  4. any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorised access to, any user or Site User communications; or
  5. any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Zesty Website or combination thereof, including injury or damage to Site Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Services.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ZESTY PROVIDES THE ZESTY WEBSITE AND THE Services ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE ZESTY WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ZESTY DOES NOT REPRESENT OR WARRANT THAT THE ZESTY WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE ZESTY WEBSITE OR IN THE SERVICES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR ZESTY WEBSITE IS ACCESSED AT THE SITE USER’S OWN DISCRETION AND RISK, AND THE SITE USER WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO THE SITE USER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF THE SITE USER DO NOT ACCEPT THIS LIMITATION OF LIABILITY, THE SITE USER ARE NOT AUTHORISED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICES OR Zesty WEBSITE.

From time to time, Zesty may make third party opinions, advice, statements, offers, or other third party information or content available on the Zesty Website and/or through the Services. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content.

ZESTY DOES NOT:

  1. GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE ZESTY WEBSITE OR PROVIDED THROUGH THE SERVICES, OR
  2. ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE ZESTY WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE ZESTY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE SITE USERR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE ZESTY WEBSITE OR SERVICES, OR TRANSMITTED TO OR BY ANY SITE USERS.

In addition to the preceding paragraph and other provisions of these Terms, any advice that may be posted on the Zesty Website or through the Services is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal or other advice. Zesty makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Zesty Website or Services. If the Site User have specific concerns or a situation arises in which the Site User require professional or medical advice, the Site User should consult with an appropriately trained and qualified specialist.

  1. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZESTY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICES INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ZESTY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ZESTY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES OR THE ZESTY WEBSITE, EXCEED THE AMOUNT OF AUS$100.00 OR ITS EQUIVALENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZESTY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF THE SITE USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER SITE USERS OF THE SERVICE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF SITE USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM THE SITE USER.

  1. Mediation

 party to these Terms must not start court proceedings about a dispute arising out of these Terms unless it first complies with this clause 18, except:

  1. here a party seeks urgent injunctive relief; or
  2. here the dispute relates to compliance with this clause 18.

 party claiming that a dispute has arisen must notify each other party giving details of the dispute.

Each party to the dispute must use its best endeavours to resolve the dispute within five Business Days following receipt of notice of the dispute or a longer period agreed by the parties to the dispute.

 

If the dispute is unable to be resolved informally, then the parties must refer the dispute to mediation in accordance with the Australian Commercial Disputes Centre (ACDC) Mediation Guidelines.

The mediation shall be conducted in accordance with the ACDC Mediation Guidelines the terms of which are deemed to be incorporated into this agreement, in relation to the procedures to be adopted, the process of selection of the mediator and the costs of the mediation.

Any determination by the mediator shall not be binding on the parties and on completion of the mediation, the parties are entitled to commence legal proceedings.

 

  1. Indemnity

The Site User agree to defend, indemnify, and hold harmless Zesty, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from the Site User’s use of the Zesty Website, the Services or the Site User’s breach of the terms of these Terms (including any breach of the Site User’s representations and warranties), any postings or Content the Site User post on the Zesty Website or as a result of the Services, and the violation of any law or regulation by the Site User. The Site User, and the Site User’s estate in the case of the Site User’s death, further agree that this indemnification provision covers all third party claims, actions or demands, including those filed by the Site User’s spouse, children, or family.

  1. Miscellaneous

These Terms, accepted upon use of the Zesty Website and further affirmed by becoming a Site User of the Services compromise the entire agreement between the Site User and Zesty regarding the use of the Zesty Website and/or the Services, superseding any prior agreements between the Site User and Zesty related to the Site User’s use the Zesty Website or Services (including, but not limited to, any prior versions of these Terms).

If any provision of these Terms is held invalid, that provision will be severed from these Terms and the remainder of these Terms shall continue in full force and effect.

The failure of Zesty to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The Site User agrees that the Site User’s online Account is non-transferable and all of the Site User’s rights to the Site User’s profile or contents within the Site User’s Account terminate upon the Site User’s death.

No agency, partnership, joint venture or employment is created as a result of these Terms and the Site User may not make any representations or bind Zesty.com in any manner.

These terms are governed by the laws of Victoria, Australia and the parties submit to the non-exclusive jurisdiction of the Courts of that State.

Zesty may provide the Site User with notices, including those regarding changes to these Terms, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Zesty Website. Such notices may not be received if the Site User violates these Terms by accessing the Services in an unauthorised manner. The Site User agree that the Site User are deemed to have received any and all notices that would have been delivered had the Site User accessed the Services in an authorised manner.

Please contact Zesty with any queries regarding these Terms.

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