- General information
- Our services
- Limitations and prohibited activities
- Additional legal terms
This website (Site) is operated by Zule Pty Ltd ABN 42 621 755 155 (we, our or us).
Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.
Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.
Package inclusions: All prices and packages are subject to change at any time. All prices are in Australian Dollars and are inclusive of GST. We reserve the right to reject your order within 14 days. A refund will be processed if your order is rejected.
By us offering the services to you, you agree that we may receive a payment. In using the Site or when making any payment, you warrant that you have read, understood and agree to be bound by the Terms.Registered Users: Registered users have access to the Portal and are required to ensure their personal details are kept up-to-date. It is the users responsibility to keep their user name and password private and confidential. Interactions between all registered users must be respectful and courteous. If at any time you feel the interactions from the property enquirer or property seller are inappropriate please report these to us immediately via our support channels. We do not have any control over or take any responsibility for the interactions between users. We reserve the right to cancel any user's registration for behaviour deemed to be abusive or inappropriate.
To create an account, you must be:
- at least 18 years of age;
- possess the legal right and ability to enter into a legally binding agreement with us; and
- agree and warrant to use the Site in accordance with these Terms.
Property sellers: All property sellers must be the legal owner of the property being advertised or have the legal entitlement to sell the property. Property sellers are required to provide proof of property ownership (such as your Council Rates Notice) and proof of identification before listing or marketing a property. Property sellers are responsible for arranging a contract for sale and relevant vendor statement (if required) prior to the property being listed in the relevant state. Once you purchase your listing, you have 30 days to finalise it. If you require an extension please contact us via our support channels and we can suspend your account until you are ready to list and market your property. You must notify us within 72 hours of the property being sold so we can update your listing.
Third party services: We use third parties to carry out some of our services (such as installation of signboards and professional photographs being taken). Any liability for these services is limited pursuant to our Terms.
Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.
We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Site or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Site is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
Intellectual Property rights: Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content.
However, we do grant you a licence to access the Site and view the Content as expressly authorised by us and/or our third party.
You must not:
- copy or use, in whole or in part, any Content
- reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
- breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.
Any reproduction or redistribution of this Site or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. All other use, copying or reproduction of this Site, the Content or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of the Content for the purpose of viewing the Content for your own personal use.
User Content: You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
- you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
- neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
- anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
- using our Site to defame, harass, threaten, menace or offend any person;
- interfering with any user using our Site;
- tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
- using our Site to send unsolicited email messages;
- facilitating or assisting a third party to do any of the above acts; or
- posting or transmitting to this Site any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information to our Site, we have the right to take down this information at our sole discretion and without notice.
Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business. Any user of our Site cannot solicit business through the listings on behalf of our property advertisers. Any contact made with our property sellers through our Portal, phone or e-mail must only be for potential purchase of their property.
Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
- they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses;
We reserve the right to restrict, suspend or terminate without notice your access to this Site, any Content, or any feature of this Site at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Limitation of liability: To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
In Australia, goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
You acknowledge that the Site is only intended to facilitate the interactions between sellers and buyers. We hold no liability to you as a result of any conduct of the members or the misuse of your content by any party.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.
Disputes: In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
If you have a dispute, you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Jurisdiction: Your use of our Site and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site. For any questions and notices, please contact us by e-mail at email@example.com