- Use of Services
- Appropriate Conduct
- Proprietary Rights
- Software and Automatic Updates
- Policies Regarding Copyright and Trademarks
- General Practices Regarding Use and Storage
- On-Charge Of Service
- Modifications to Service
- Disclaimer of Warranties
- Limitation of Liability
- Exclusions and Limitations
- No Third Party Beneficiaries
- General Information
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.