Terms & Conditions

These terms and conditions set out below apply to your access and use of ZingPinMe website.

You or your adult guardian will need to consent to these terms and conditions before you access or use ZingPinMe website. Each time this website is used or accessed, you agree to be bound by the terms and conditions of this disclaimer. If you do not accept the following terms and conditions, you are not authorised to use ZingPinMe website.

We reserve the right to amend these terms and conditions from time to time. Any amendments will be effective immediately upon notification on this website.

1. Limitation of Liability

The services provided on ZingPinMe website will not be appropriate if:

  • you are in a crisis situation (please seek medical help immediately);
  • your personal safety is an issue (call 000); and/or
  • you require specialist medical treatment

The information provided throughout ZingPinMe is intended to help children overcome a variety of mental health issues by teaching strategies. Children and parents or guardians of children seeking a diagnosis or treatment of depression, severe anxiety or other mental problems should consult a medical practitioner or mental health professional. The information on this website is not a substitute for a diagnosis and treatment by an appropriate health professional.

We do not accept responsibility for, nor do we warrant, that the information provided in the website is up to date, reliable, accurate, or complete. We accept no responsibility for any loss or damage caused by your access or use of the website or your reliance on any information or material contained in this website.

ZingPinMe contains links to Internet web sites operated by third parties. These linked sites are not controlled by ZingPinMe Pty Limited and ZingPinMe Pty Limited is not responsible for the contents of any of these sites. We provide these links to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by ZingPinMe Pty Limited. You visit any website at your own risk.

ZingPinMe Pty Limited accepts no liability for incorrect use of the modules or sessions of ZingPinMe. If, after completing one or more ZingPinMe modules or sessions, you feel stressed or anxious because of those results, you are advised to contact your nearest health care professional. ZingPinMe Pty Limited accepts no liability for loss or damage suffered due to your use of the ZingPinMe program.

In addition, ZingPinMe contains references to information materials developed by third parties. These information materials were not developed by ZingPinMe Pty Limited and ZingPinMe Pty Limited is not responsible for the contents of the materials. We provide references for these information materials as a convenience to you only.

2. Cancellation or Suspension

We reserve the right to cancel or suspend your access to the website if you breach these terms and conditions.

3. Authorised Purpose

You will use the website for its authorised purpose and for no other purpose. The information provided on the ZingPinMe website is intended for information and skill development purposes only. This site is not designed to treat clinical levels of depression or anxiety or other mental health problems. The diagnosis and treatment of clinical anxiety and depression requires a medical practitioner or qualified health professional. People seeking diagnosis or treatment of depression, severe anxiety or other mental problems should consult a medical practitioner or mental health professional. The information on this website is not a substitute for a diagnosis and treatment by an appropriate health professional.

4. Your Responsibilities

You are responsible for your use of the website and for any content that you may provide. You will warrant and ensure that any content you provide is not defamatory, illegal, offensive, or fraudulent. In addition, you must not provide information that may infringe the intellectual property rights, moral rights or privacy rights of a third party.

5. Privacy

ZingPinMe Pty Limited will endeavour to take all reasonable steps to keep all information about you secure.

You agree that ZingPinMe may hold or store any content or information including personal information provided by you. You consent to ZingPinMe providing your personal information to a third party for the purpose of hosting or supporting the website and its contents.

7. Trade Marks

All trade names, trademarks, service marks and other product and service names and logos (Marks) displayed on this Website are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Nothing contained on this Website should be construed as granting a licence or right to use any Mark which is displayed on this Website without the express written permission of the relevant owner.

8. Changes to these Terms

ZingPinMe Pty Limited may make changes to ZingPinMe, including these Terms and Conditions, at any time. You agree that you will be legally bound by the updated or amended Terms from the first time you use ZingPinMe after the updated version is published on www.ZingPinMe.com.au.

9. Jurisdiction

These terms and conditions are governed by the laws in force in the State of Queensland, Australia.

10. Subscriptions and Corporate Licence

  1. ZingPinMe account holders may access the Products in two ways, Paid Subscription and Corporate Licence:

    (i) Paid Subscription: a subscription fee-based program, which gives access to all content . You will only have access to the Subscription Program while your subscription is active and subsisting. All subscription services provide access through the Products. You can become a subscriber to the Subscription Program by purchasing a subscription from the Website,

  2. ZingPinMe offers monthly and annual. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days.

  3. Our “Monthly” subscription is paid in monthly instalments. For each month that your monthly subscription is active, you acknowledge and agree that ZingPinMe is authorized to charge the same credit card as was used for the initial subscription fee or other payment method as set forth in section 2.5(h) (the “Payment Method”) in the amount of the current monthly subscription fee as of the time of renewal. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until cancelled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

  4. Our “Yearly” subscription is paid for by an upfront one-off payment with automatic annual renewals. You acknowledge and agree that ZingPinMe is authorized to charge the Payment Method used for (i ) the initial annual subscription fee at the rate secured at the time of purchase, and (ii) the renewal subscription fee(s) at the non-discounted rate in effect at the time of any such renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

  5. You agree to promptly notify ZingPinMe of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.

  6. Our obligation to provide a subscription only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through ZingPinMe for commercial purposes.

    (ii) Corporate Licence – this type of licence is handled administratively by contacting the ZingPinMe team on the contact us page. This licence gives users access to all content on the website.

  7. You will only have access to the Licence Program while your Licence Program is paid for in full. All Licence Program services provide access through website. A renewal letter will be sent to the corporation or organisation 1 month prior to the expiry licence to extend an invitation to renew.

  8. ZingPinMe term of licence is discussed and decided via email when creating an invoice for the program licence to the corporation. Once agreed and paid refunds cannot be claimed for any partial-month Licence Program period.

    (i) Our obligation to provide a subscription only comes into being when we take receipt of your Order, and we confirm your purchase to you by email. We shall confirm your Order and send you an email to confirm your access to the subscription purchased. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell any Products purchased through ZingPinMe for commercial purposes.

11. Device Requirements

To enjoy ZingPinMe via your smartphone or other Device, your Device must satisfy certain system requirements.

12. Changing Fees and Charges

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.

13. Cancellation By You

You may cancel a Monthly or Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly/yearly period. Please make any such cancellation info@ZingPinMe.com

14. Cancellation By Us

We may suspend or terminate your use of the website as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.

15. Prohibited Use of The Products

  1. You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.

  2. You agree not to impersonate any other person while using the website, conduct yourself in an offensive manner while using the website, or use the website for any illegal, immoral or harmful purpose.

  3. By breaching the provisions of this section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.

  4. You agree not to use the website for any purposes related to scientific research, analysis or evaluation of the website without the express written consent of ZingPinMe.

16. Materials Offered Through the Products
Copyright

  1. All materials (including software and content whether downloaded or not) contained in the website are owned by ZingPinMe (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.

  2. You acknowledge and agree that certain materials on or in the website are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 15 against you.

  3. Audio or video content from ZingPinMe not explicitly indicated as downloadable may not be downloaded or copied from the website.

  4. The website is not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the website may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the website and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the website. Appropriate legal action may be taken for any illegal or unauthorized use of the website.

  5. A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by ZingPinMe through the website that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), ZingPinMe grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.

  6. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the website. If you make other use of the website, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the Australia, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. ZingPinMe will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.