Terms and Conditions

Zango ACT Pty Ltd ACN 635 878 134 (Zango)


Terms of Use


Definitions

1.In these Terms:

(a) Personal Information has the meaning given to it in Zango’s Privacy Policy.

(b) Privacy Policy means the Zango privacy policy which is available at zango.com.au/privacy-policy and as amended from time to time.

(c) Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth).

(d) Service means the Site and any Zango product, service, feature, user-generated and other Zango generated content or resources.

(e) Site means any Zango website, including zango.com.au desktop or mobile website, mobile applications and related sites, domains and systems operated by Zango.

(f) Zango means Zango ACT Pty Ltd ACN 635 878 134 and any Related Bodies Corporate.

(g) You or Your, Yourself or User means each user of a Service.


General

2. By using the Service, You affirm that You are 18 years of age or over and agree to be personally bound by these Terms and Conditions (Terms) whether for Yourself or on behalf of a minor, if You are using the Service on behalf of a minor. You also agree to be bound by Zango’s Privacy Policy and any other terms and conditions, notices and disclaimers displayed on a Service from time to time.

3. Regardless of Your means of using the Service, these Terms apply. By using the Service, You accept and agree to comply with these Terms.

4. Zango reserves the right to make changes to the Terms at any time. The amended version will be made available through the Service. If You continue to use Zango’s Services after Zango changes its Terms of Conditions, You are deemed to accept them and agree to comply with them.

5. If You do not agree to be bound by these Terms, or Zango’s amended Terms, do not use Zango’s Service.

6. If You have any questions about these Terms, please contact Zango via the contact details provided on its Service.

7. All Personal Information You provide to Zango will be treated in accordance with Zango’s Privacy Policy.

8. Any provision of these Terms which are invalid or unenforceable in a particular jurisdiction may be read down or severed to the extent of the invalidity or unenforceability in that jurisdiction only. The invalidity or unenforceability of a provision of these Terms in one jurisdiction does not affect the enforceability of any other provision.

9. No waiver of any term of the Terms, if any, is to be deemed a further or continuing waiver of such or any term of the Terms. Any failure to assert any right under the Terms by Zango shall not constitute a waiver of such right.

10. These Terms are governed by the laws in force in the Australian Capital Territory and You irrevocably submit to the exclusive jurisdiction of the Courts sitting in the Australian Capital Territory.

11. No partnership, joint venture, employment, or agency relationship exists between You and Zango as a result of these Terms, or Your use of any Service.

12. The Terms represent the entire agreement between You and Zango regarding Your use of any Service which You participate in.

13. Zango may provide You with notice under these Terms using any reasonable means including email, SMS, MMS, text message or postings in a Service.


Account

14. To register an account with the Site, You will be required to provide a username, password and from time to time, other information as required. Where information provided by You is Personal Information, this information will be dealt with in accordance with Zango’s Privacy Policy.

15. You must not register an account more than 1 (one) time. You must not impersonate or register an account for any person other than Yourself.

16. Zango may request a form of identification to verify Your identity and/or your compliance with the Terms when registering an account, accessing Your account or otherwise using Zango’s Service.

17. Zango reserves the right in its sole discretion to suspend or terminate Your account or Your access to the Service for any reason, including for breach or misuse as set out in these Terms.


Intellectual property

18. All proprietary rights in and relating to each Service (including all intellectual property rights of any nature associated with a Service) are owned by Zango and cannot be used in any way without Zango’s prior written consent. For the avoidance of doubt, no Service by Zango should be construed as granting any right of use in relation to any intellectual property including any logos, trademarks or banners of Zango without Zango’s express written consent.

19. All material available in Zango’s Service is copyrighted and access to copyrighted material should not be construed as granting any right of use with regard to such material without Zango’s express written consent beyond dealings permitted under the Copyright Act 1968 (Cth).

20. You represent and warrant that anything You post or transmit using the Service does not infringe the intellectual property rights of any third party.

21. You agree that anything You post on or transmit through any Service may be used by Zango for any purpose, subject to Zango’s obligations under its Privacy Policy. You warrant that You have the right to grant Zango such rights.


Security of the Services and information

22. While Zango endeavours to take all due care in ensuring the privacy and integrity of the information You provide to it is secure, due to the inherent risks of transmitting and storing information over the internet or electronically, any information, access of the Service or communications while utilising the Service may be intercepted, monitored or altered when in transit or while stored on a Service. As such, You agree and acknowledge that Zango does not warrant that such information, access or communication is secure and Zango disclaims all liability to You to the greatest extent possible pursuant to law should this occur.

23. You acknowledge and agree that Zango is not liable for any interference with or damage to a User's computer, electronic device, software or data occurring in connection with or relating to any Service.

24. Zango may modify or discontinue any or all Services without notice, and You acknowledge and agree that Zango is not liable to You or any third party for any direct or indirect loss or damage that may arise from this.

25. Zango does not represent or warrant that a particular Service will be secure or error-free, free from viruses, hackers or cyber attacks, and Zango is not liable to You or any third party for any direct or indirect loss or damage that may arise from this.


Termination

26. If You wish to terminate Your account, follow the instructions as set out in the Service.

27. You acknowledge that Zango may terminate or suspend Your account at any time without notice for any reason at Zango’s discretion.

28. After Your account is terminated, the agreement between Yourself and Zango will terminate, excluding those Terms capable of surviving termination which will continue to apply.


Breaches and Misuse of a Service

29. You agree not to use the Service in a way that:

(a) breaches any applicable local, national, regional or international law or regulation;

(b) is unlawful, fraudulent, obscene, defamatory, malicious, indecent, abusive, threatening, harassing, offensive or inappropriate including the transmission of spam and junk communications;

(c) is false or misleading in any way;

(d) infringes the rights of any third party;

(e) harms or attempts to harm minors;

(f) transmits, or procures the sending of, any unsolicited or unauthorised Advertising or promotional material or any other form of similar solicitation (spam);

(g) interferes with the normal and proper working of any Service including by any device (including electronic devices), software, process (automated or otherwise) or other means;

(h) involves accessing, retrieving, scraping or indexing any part of any Service using a device (including electronic devices), software, process (automated or otherwise) or other means including for the purpose of competing with Zango in any manner not expressly authorised by Zango;

(i) in Zango’s sole discretion deems to have imposed or is likely to impose an unreasonable or disproportionate burden on infrastructure that provides a Service through the undertaking of any action including but not limited to making excessive traffic demands, automated or not;

(j) transmits information that You do not have a right to make available under a law or contractual obligation;

(k) transmits anything (including, but not limited to viruses, codes, files or programs) designed to interrupt, limit or destroy the functionality of the Service or other electronic devices, including any software and hardware; or

(l) in the sole discretion of Zango, is unreasonable and/or for a purpose that is contrary to Zango’s subjective intent of the Service.

30. If You, or a User on whose behalf You register (including a minor), misuses a Service, Zango reserves the right to do any of the following at Zango’s sole discretion:

(a) undertake an investigation into Your activity and use of that or any other Service;

(b) immediately suspend, delete or terminate Your account, without refund;

(c) terminate every account You may hold in relation to that and any other Service;

(d) prevent You from starting a new account in relation to a Service;

(e) remove or modify Advertising content that is in violation of the Terms;

(f) report the activity to relevant authorities; and

(g) take legal action against You.

Examples of misuse of the Service include, but are not limited to:

  • breaching these Terms;
  • using any Service to mislead, deceive, stalk, harass or otherwise intimidate any person, or to incite violence or injury;
  • using any Service in an illegal manner or to commit an illegal act;
  • breaching Zango’s intellectual property rights.

31. Zango will determine, in Zango’s sole discretion, whether there has been a breach of these Terms.

32. Any action Zango may or may not take against You does not affect Your responsibilities under the Terms.


Your warranties

33. You represent and warrant to Zango that:

(a) You will comply with these Terms when using Zango’s Service;

(b) You will comply with any directions Zango makes to You from time to time in relation to Your use of its Service;

(c) You will use, at all times, Your best endeavours to keep Your username and password by which You access Your account secure and confidential; and

(d) You accept any and all liability for any unauthorised use of Your username and password by which You access Your account except where such liability arises from any negligence or omission of Zango.


Advertising including Advertising by Third Parties Posted on or Transmitted Through the Service

34. The Service may allow Users, including third parties (Advertisers), to post content including advertisements, hyperlinks and pointers to websites operated by them (Advertising). Advertisers may include real estate agency customers of Zango.

35. When You enter Advertising posted by Advertiser, Zango is no longer providing You with its Service and You access the Advertising at Your own risk. Zango is not responsible for and accept no liability with respect to any Advertising posted on or transmitted through any Service.

36. Zango does not, by way of featuring or displaying Advertising, endorse or recommend the Advertising even where the Advertising is from a real estate agency customer of Zango or otherwise has any relationship with Zango.

37. You acknowledge and agree that Zango is not liable for any loss, damage, cost or expense resulting from anyone's reliance on Advertising posted on or transmitted through any Service by any person.

38. You acknowledge and agree that Zango does not make any representations or warranties as to the accuracy, reliability or completeness of any Advertising posted or transmitted on any Service.


Limitation of liability and indemnity

39. You use Zango’s Service at Your own risk. Zango is not responsible for and accept no liability in relation to Your use of and conduct in connection with the Service in any circumstance.

40. Information provided by a use of a Service should not be regarded as a substitute or replacement for professional advice including legal, financial, accounting or real estate advice.

41. Zango reserves the right to change the path or location of a link or sub-domain, or redirect content contained within a link or subdomain as part of its Service from time to time and without prior notice to You. Zango may suspend any Service without notice to You in the case of system failure, maintenance or repair or any reason beyond its control.

42. You agree to indemnify Zango, and its employees, agents and subcontractors for any loss, damage, cost or expense that it may suffer or incur as a result of, or in connection with Your use of the Service and or Your conduct in connection with any Service including without limitation any breach by You of these Terms.

43. To the maximum extent permitted by law, Zango excludes all implied representations and warranties which but for these Terms might apply in relation to Your use of the Service. In particular, Zango does not make any representations or warranties that any Service will be secure, accurate, error free or uninterrupted. Nor does Zango make any representation or warranty about the likelihood of any outcomes of Your use of any Service.

44. To the extent that Zango’s liability cannot be excluded by law, Zango’s maximum liability to You will be limited to the total amount paid by You (if any) for any chargeable service or feature on a Service purchased by You through Your account or otherwise during Your use of the Service.

45. In no circumstances will Zango be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.


Statutory Consumer Guarantees

46. Without prejudice to or limiting clause 29, where a court in law determines that a warranty against defect is provided by Zango, Zango makes the relevant disclosure with respect to reg 90(1)(c) of the Competition and Consumer Regulations 2010 (Cth).

47. With respect to reg 90(1)(c) and where a warranty against defects in relation to the supply of services is made by Zango, its services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, You are entitled:

  • to cancel Your service contract with Zango; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure You are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel Your contract and obtain a refund for the unused portion of the contract.


Survival

48. If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, then:

(a) that part or provision is severed for that jurisdiction;

(b) the remainder of the Terms have full force and effect and the validity of enforceability of that provision in any other jurisdiction is not affected; and

(c) this clause has no effect if the severance alters the basic nature of the Terms or is contrary to public policy.