Terms of Use

Welcome to the Zoo Property Terms of Use – The Zoo Property services are owned and operated by Zoo Property Pty Ltd. By using Zoo Property’s services (products, website and system’s) you agree to the following terms and conditions, and any policies, guidelines or amendments thereof that may be presented to you from time to time (collectively, the “Terms of Use”). We may update the Terms of Use in the future, and you will be able to find the most current version of this agreement in the footer of the Zoo Property website and the Zoo Property system you are using.

  1. Use of Services
  2. Appropriate Conduct
  3. Zoo Property Privacy Policy
  4. Proprietary Rights
  5. Software and Automatic Updates
  6. Policies Regarding Copyright and Trademarks
  7. General Practices Regarding Use and Storage
  8. On-Charge Of Service
  9. Modifications to Service
  10. Termination
  11. Advertisements
  12. Links
  13. Indemnity
  14. Disclaimer of Warranties
  15. Limitation of Liability
  16. Exclusions and Limitations
  17. No Third Party Beneficiaries
  18. General Information

1. Use of Services

Zoo Property Pty Ltd offer Zoo Property services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Zoo Property services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Zoo Property of any unauthorised use of your password or account or any other breach of security. Zoo Property cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

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2. Appropriate Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. Zoo Property reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via Zoo Property services.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Zoo Property services and for any consequences thereof. You agree to use Zoo Property services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Zoo Property services or servers or networks connected to Zoo Property services.

In addition to this agreement, your use of some specific Zoo Property services is governed by the policies or guidelines that are presented to you when you sign up for or access those services and which are specifically incorporated into this Terms of Use.

Users outside of Australia agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the Australia or your country of residence.

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3. Zoo Property Privacy Policy

Your information is important to us. This service is owned and operated by Zoo Property Pty Ltd (ACN 107 583 693). Zoo Property will never disclose any personal information to any companies not related to Zoo Property Pty Ltd without your express permission. Zoo Property take no responsibility for the information contained on this site that is supplied by third parties. If you not agree to the terms and conditions of use of this site you must leave this site immediately.

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4. Proprietary Rights

Zoo Property’s Rights

You acknowledge and agree that Zoo Property services and any necessary software used in connection with Zoo Property services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Zoo Property services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Zoo Property or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Zoo Property services, Content or Software, in whole or in part.

Subject to the Terms of Use, Zoo Property grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to Zoo Property services. You agree not to access Zoo Property services by any means other than through the interface that is provided by Zoo Property for use in accessing Zoo Property services.

Your Rights

Zoo Property claims no ownership or control over any Content submitted, posted or displayed by you on or through Zoo Property services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Zoo Property services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Zoo Property services which are intended to be available to the general public, you grant Zoo Property a worldwide, non-exclusive, royalty-free license to reproduce, adapt and publish such Content on Zoo Property services solely for the purpose of displaying, distributing and promoting Zoo Property services. This license terminates when such Content is removed from the Zoo Property service to which you originally submitted. Zoo Property reserves the right to syndicate Content submitted, posted or displayed by you on or through Zoo Property services and use that Content in connection with any of the services offered by Zoo Property. Zoo Property furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

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5. Software and Automatic Updates

Your use of any Software provided by Zoo Property will be governed by this Terms of Use and any additional terms and conditions of the end user license agreement accompanying such Software. Zoo Property may automatically check your version of the Software and may automatically download upgrades to the Software to update, enhance and further develop Zoo Property services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

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6. Policies Regarding Copyright and Trademarks

It is our policy to respond to notices of alleged infringement that comply with Australia’s Copyright Act (1968) or other applicable law. For information regarding our trademark complaint procedure, please email trademarks@zooproperty.com. Any use of Zoo Property’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Use:

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7. General Practices Regarding Use and Storage

You agree that Zoo Property has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Zoo Property services. You acknowledge that Zoo Property has set no fixed upper limit on the number of transmissions you may send or receive through Zoo Property services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.

Upon the termination of your use of Zoo Property services, including upon receipt of a certificate or other legal document confirming your death, Zoo Property will close your account and you will no longer be able to retrieve content contained in that account.

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8. On-Charge Of Service

You agree not to reproduce, duplicate, copy, sell, trade or exploit for any commercial purposes, any portion of the Zoo Property services. You do however have the ability to charge your clients who use the Zoo Property services any fee you feel is appropriate for their use of the Zoo Property services along with any other management or support fee you might charge.

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9. Modifications to Service

Zoo Property reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Zoo Property services (or any part thereof) with or without notice. You agree that Zoo Property shall not be liable to you or to any third party for any modification, suspension or discontinuance of Zoo Property services.

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10. Termination

You can cancel your Zoo Property service by changing the status of all your Active Offices under your control to Inactive. You can cancel your account in the Billing Section by selecting the Cancel Account option.

You agree that Zoo Property may at any time and for any reason, including a period of account inactivity, terminate your access to Zoo Property services, terminate the Terms of Use, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Zoo Property services, your account or any files or other content contained in your account. Sections 10 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations), of the Terms of Use, shall survive expiration or termination.

From the date an invoice is due payable you have until the end of that month to settle all outstanding accounts. If at the end of that month you still have an amount outstanding your access to the Developer’s System will be switched off. Your clients will be able to manage their property listings but they will not be able to add new property listings until you have settled your overdue account. If your account is overdue for two months then Zoo property will cancel your account.

You agree that if your account is cancelled by Zoo Property we have the right to contact your clients and offer them services directly with Zoo Property or the option to transfer their property listings to a developer within the Zoo Property developer directory.

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11. Advertisements

Some Zoo Property services are supported by advertising revenue and may display advertisements and promotions on the service. The manner, mode and extent of advertising by Zoo Property on its services are subject to change. You agree that Zoo Property shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on Zoo Property services.

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12. Links

Zoo Property services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Zoo Property has no control over such sites and resources, you acknowledge and agree that Zoo Property is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Zoo Property 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

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13. Indemnity

You agree to hold harmless and indemnify Zoo Property, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Zoo Property services, violation of this Terms of Use or any other actions connected with use of Zoo Property services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Zoo Property will provide you with written notice of such claim, suit or action.

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14. Disclaimer of Warranties

You expressly understand that:

Your use of Zoo Property services is at your sole risk. Zoo Property services are provided on an as is and as available basis. To the maximum extent permitted by law, Zoo Property expressly disclaims all warranties and conditions of any kind. Whether express or implied, including but not limited to the implied warranties and conditions of merchant ability, fitness for a particular purpose and non-infringement.

Zoo Property does not warrant that (i) Zoo Property services will meet your requirements, (ii) Zoo Property services will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from use of Zoo Property services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Zoo Property services will meet your expectations, and (v) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of Zoo Property services is done at your own discretion and that you will be solely responsible for any damage to your computer system or any other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by your from Zoo Property or through or from Zoo Property services shall create any warranty not expressly stated in the terms of service.

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15. Limitation of Liability

You expressly understand and agree that Zoo Property shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages for loss of profits, goodwill, use, data or other intangible losses (even if Zoo Property has been advised of the possibility of such damages) resulting from: (i) The use or inability to use Zoo Property services; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Zoo Property services. (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Zoo Property services; or (v) any other matter relating to Zoo Property services.

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16. Exclusions and Limitations

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations in sections 14 and 15 which are lawful in your jurisdiction will apply to you and the liability will be limited to the maximum extent permitted by law.

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17. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to the Terms of Use.

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18. General Information

Entire Agreement. The Terms of Use (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Zoo Property and govern your use of Zoo Property services, superseding any prior agreements between you and Zoo Property for the use of Zoo Property services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Zoo Property services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Use and the relationship between you and Zoo Property shall be governed by the laws of Australia without regard to its conflict of law provisions. You and Zoo Property agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Australia.

Waiver and Severability of Terms. The failure of Zoo Property to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Zoo Property services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

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