(a) Agent means a licensed real estate agent under the Agents Act 2003 (Act) or an equivalent legislation in the relevant jurisdiction or an associate, officer, office or representative of that Agent.
(b) Agent Review has the meaning set out in clause 39.
(c) Lessee means the lessee of a property under a contract of lease for which the Agent is the authorised leasing agent of the property.
(d) Lessor means the lessor of a property under a contract of lease for which the Agent is the authorised leasing agent of the property.
(g) Purchaser means the purchaser of a property under a contract of sale for which the Agent is the authorised selling agent of the property.
(h) Related Bodies Corporate has the meaning given to it in the Corporations Act 2001 (Cth).
(i) Service means the Site and any Zango product, service, feature, user-generated and other Zango generated content or resources including Agent Reviews.
(j) Site means any Zango website, including zango.com.au desktop or mobile website, mobile applications and related sites, domains and systems operated by Zango.
(k) Vendor means the vendor of a property under a contract of sale for which the Agent is the authorised selling agent of the property.
(l) You or Your, Yourself or User means each user of a Service.
(m) Zango means Zango ACT Pty Ltd ACN 635 878 134 and any Related Bodies Corporate.
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.
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.
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.
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, fake, fraudulent, obscene, defamatory, malicious, indecent, abusive, threatening, harassing, offensive or inappropriate including the transmission of spam and junk communications;
(c) creates uncertainty or confusion (including by providing one or more duplicate Agent Reviews or fake Agent Reviews);
(d) is false or misleading in any way;
(e) infringes the rights of any third party (including intellectual property rights);
(f) harms or attempts to harm minors;
(g) transmits, or procures the sending of, any unsolicited or unauthorised Advertising or promotional material or any other form of similar solicitation (spam);
(h) 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;
(i) 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;
(j) 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;
(k) transmits information that You do not have a right to make available under a law or contractual obligation;
(l) 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
(m) 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:
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.
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.
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.
39. The Service may allow You to complete the following (Agent Review):
(a) provide a star rating out of 5 with respect to an Agent;
(b) provide a written opinion with respect to an Agent; and
(c) any other aspect as may be set out in the Service from time to time.
40. You agree that You are only permitted to provide an Agent Review in one of the following capacities:
(a) Vendor; or
41. In addition to complying with the obligations otherwise contained in these Terms (including but not limited to clause 29), when providing an Agent Review, You agree that the Agent Review must not contain content that does not reflect your personal experience and You agree that all information as provided under an Agent Review is honest, truthful and made in good faith.
42. Except where incentivisation has been notified in advance and in writing to Zango, You agree that You will not provide an Agent Review (irrespective of whether it is a positive or negative Agent Review) where You have otherwise been incentivised to do so by an Agent.
43. By providing an Agent Review, You acknowledge that You are using the Service.
44. Zango retains sole and complete discretion to moderate, remove, amend or otherwise publish (or not publish) Your Agent Review or the Agent’s response/s to an Agent Review and may do so without providing You any notice where it exercises its rights under this clause 44.
45. You acknowledge and agree that Zango may disclose the Agent Review (including any Personal Information as contained in the Agent Review) to a third party including the Agent for which the Agent Review was submitted for and agree that the Agent for which the Agent Review was submitted for may publish and distribute the Agent Review on their own platforms and channels.
46. 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.
47. 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.
48. 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.
49. You agree to indemnify Zango, and its employees, agents and subcontractors for any loss, damage, cost or expense that it may suffer or incur (including from any third party) 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.
50. 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.
51. 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.
52. 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.
53. 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).
54. 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:
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.
55. 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.