Terms and Conditions
This website is operated by Ziilch Pty Ltd (Ziilch, us, we, our).
2.1 Benefits of Membership
We have implemented a membership system whereby we may accept certain users to become members of our website (Membership, Members). Members can enjoy a much more interactive and comprehensive online experience.
- to access private webpages and information which relate to them specifically (Membership Account); and
- to use the online classifieds platform which is contained within our website (Classifieds Services).
2.2 Types of Membership
There are two types of Membership for our website:
- Standard User Membership; and
- Organisational Membership.
The features and services available to Members will depend on the type of Membership taken up and whether any payment of fees and charges apply. These differences may change from time to time due to the independently changing nature of each type of Membership. We may change each type of Membership (including without limitation by changing or deleting features or functionality) at any time and for any reason without notice.
2.3 Standard User Membership
Australian residents aged 18 years or older can apply for Standard User Membership in accordance with section 2.5 below.
2.4 Organisational Membership
The following types of organisations can apply for Organisational Membership:
- Non-profit organisations
- Charitable organisations
it exists for the public benefit or the relief of poverty
its sole purpose is charitable (within the legal sense of that term)
it is non-profit
it is also a trust fund or an institution.
- Organisations which embody a "social enterprise"
Only the organisations set out in this section 2.4 can apply for, take up and maintain Organisational Membership. We reserve the right to request and verify the credentials any person who submits an application for Organisational Membership at any time. We may refuse any application for Organisational Membership if we think (in our sole belief) that the person making such application is not a non-profit organisation and otherwise in accordance with section 2.5 below.
2.5 Applying for Membership
- you fail to properly complete the relevant application for Membership; or
2.6 Classifieds Services
Our Classifieds Services provide Members with a facility for the distribution and publication of information about certain goods which Members may wish to dispose of or acquire. Our Classifieds Services do not provide any means for establishing, inferring or confirming any legally binding relationships between Members in relation to any goods.
If you are a Member and you have goods which you own and you want to dispose of you may use the relevant features of our Classifieds Services to make information available to other users of our website about the goods which you are considering disposing of (Item Listing).
If you are a Member and you want to acquire goods you may use the relevant features of our Classifieds Services to:
- notify the Member associated with an Item Listing that you are interested in acquiring the goods described in that Item Listing (Item Enquiry); or
- make information available to other users of our website about the goods you are considering acquiring (Item Request).
You may only make an Item Listing, Item Enquiry or Item Request if you have a genuine intention to dispose of or acquire (as applicable) the goods which are described in such Item Listing, Item Enquiry or Item Request without any payment of money (or other valuable consideration) being required in exchange for the transfer of ownership in such goods.
We do not in any way control and, to the full extent permitted by law, we do not warrant:
- the suitability, quality, safety or legality of any goods the subject of any Item Listing, Item Enquiry or Item Request;
- the accuracy or truth of any Item Listing, Item Enquiry or Item Request; or
- the ability of any Member making an Item Listing, Item Enquiry or Item Request to complete any related transaction.
2.7 Prohibited Item Listings
We reserve the right, without limitation, to refuse or remove any of your Item Listings if we reasonably believe any of the following circumstances apply:
- the goods referred to in your Item Listing, or the Item Listing itself, does or is reasonably capable of infringing any rights (including any intellectual property rights) of any third party; or
- your Item Listing contains or refers to any goods which we believe are not suitable for listing or cannot legally be listed on our website (for example certain pornographic goods, drugs and drug paraphernalia, tobacco, liquor, weapons, ammunition, explosives, fireworks, hazardous chemical, biological and radioactive materials, animal products, animals, birth certificates, drivers licenses, passports, official uniforms and goods that are religiously, sexually, racially or in any other way offensive).
2.8 Classifieds Services requiring payment
As a Member, you may need to pay us certain fees and charges prior to being able to use some of the Classifieds Services. Any and all such fees and charges must be paid in accordance with section 5 below.
For example, if you have Organisational Membership, you may request to be provided with you own "mini-site" for your organisation, and in doing we may require you to pay us a fee.
2.9 Your Membership details
As a Member, you consent to the following of you Membership details being made visible to other Members in accordance with your use of our Classifieds Services:
- postcode location within Australia
- Member rating
2.10 Responsible use by Members
As a Member, you must:
- use this website in a way that promotes a safe, efficient and friendly online environment for all users;
- act honestly and with due care and skill in submitting any material to our website;
- not engage in any anti social behavior during participation in any forums, online discussion areas, blogs or news article or video commentaries on our website; and
- not submit any material to our website which is likely to be considered by some or all users of our website, or by a reasonable proportion of members of the Australian public, as offensive, inflammatory, libelous or degrading.
2.11 Ending your Membership
Provided you have first made full payment of all amounts owing to us in relation to your Membership, you may end your Membership by sending an email request to do so to email@example.com.
Due to administrative reasons, a delay may be experienced between the time we receive your email ending your Membership to the time we actually deactivate your Account.
We reserve the right (but not the obligation) to not act upon any email request purporting to end or change a Member's Membership if we do not reasonably believe that such request was made by the applicable Member or by an authorised agent on behalf of the applicable Member.
We reserve the right to immediately suspend or end your Membership without notice:
- if you fail to access your Account for any period of time being at least 12 consecutive months;
- if you have an Organisational Membership and cease at any point in time and for any duration of time to be at least one of the organisations set out in section 2.4 above; or
- for any other reason whatsoever without cause.
Any suspension or ending of your Membership by us will not in any way affect your obligation to pay all amounts owing to us in accordance with your Membership as at the date of it being suspended or ending. If we end your Membership without cause, we will, if applicable, refund to you on a pro-rata basis the amount of payments that you have made corresponding to your Membership as remaining at the date of it ending.
3.0 Content on our website
3.1 Content generally
You must not use any logos, images, text, drawings, trade marks, audio files, video files, software or any other type of file or subject matter on our website (Content) for any illegal or unlawful purpose.
3.2 Copyright notice
© Copyright 2010 Ziilch Pty Ltd
Copyright in all Content is owned by or licensed to us.
You may only reproduce, download or print Content strictly for personal use and without modification, and whenever doing so you must include the copyright notice in part 3.2 above.
All other use, reproduction, downloading, printing, communication, broadcasting or adaption of any Content is prohibited except where necessary for viewing the Content on your Internet browser, or specifically authorised by law or in writing by us. Please contact us if you would like to use any of the Content for commercial or educational purposes.
3.4 Trade marks
Without limitation, the following trade marks appearing on this website are owned by us:
- the logo:
- the words: "ZIILCH".
The use of any of our trade marks is strictly prohibited unless we provide prior written consent. All other trade marks appearing on this website are trade marks of their respective owners.
3.5 Other intellectual property
We take reasonable steps to ensure the accuracy of the information we provide on our website. We update information on our website regularly. However, we cannot guarantee the accuracy or currency of any information we provide on our website. We only provide information on an "as is" basis and you rely on information so provided at your own risk. Information on this website is subject to change without notice.
3.7 User submitted material
By submitting material to our website (user material) you:
- grant to us a perpetual, royalty free, non exclusive, irrevocable, worldwide, unrestricted licence to use, reproduce, publish, broadcast, perform, modify and sublicense for any of the foregoing that user material for any reason whatsoever, including without limitation for the purposes of commercial exploitation;
- expressly waive in favour or us (and our sublicensees) all moral rights or similar rights in respect of that user material in any jurisdiction worldwide;
While every effort is made to use user material in the form in which it was submitted, we take no responsibility for any errors, omissions, changes or misunderstandings resulting from the use of such material.
User material will be accepted or refused at our absolute discretion, including with respect to the timing of any acceptance or refusal. We reserve the right to not publish any material submitted by users.
3.8 Links to third party websites
This website may contain hyperlinks and other pointers to websites of third parties (links). These links do not imply any endorsement or approval by us of any third party websites or of the businesses or activities of third parties. While we make some effort to ensure that these links are accurate, we are not responsible for the information or materials displayed on websites over which we have no control.
4. Restrictions on use generally
- engage in, facilitate or further unlawful conduct in relation to use of or access to our website;
- use the website in a way that harms us or our advertisers, affiliates, resellers, distributors or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors or vendors;
- use any portion of the website as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
- use any automated process or service to access and/or use the website (such as a BOT, a spider, periodic caching of information stored by us, or "meta-searching");
- use any unauthorized means to modify or reroute, or attempt to modify or reroute, the website;
- damage, disable, overburden, or impair the website (or any networks connected to the website) or interfere with anyone's use andenjoyment of the website;
- resell or redistribute the whole or any part of our website; or
- reverse engineer, decompile or otherwise attempt to extract the source code of any part of our website, unless expressly permitted or required by law.
5.1 Your billing account
Our fees and charges are calculated in accordance with the information which we provide to you from time to time (errors and omissions excepted). When you create a billing account for fees and charges in relation to your Membership you must provide full details of your payment method. Your payment method must comply with our approved transaction facility. You must be authorised to use your payment method. You authorise us to charge you for fees and charges relating to your Membership using your payment method. We use PayPal to process payments by your payment method.
5.2 Updating your billing account
You must keep all information in your Membership billing account current, including without limitation your billing address and the expiration date of your credit card (if any). You can access your billing account through our website to make changes to it. You may change your payment method at any time provided it complies at all times with our approved transaction facility. We reserve the right to end Paid Membership if you advise us to stop using your payment method. Any notice to us to stop using your payment method does not in any way affect charges we apply to your billing account prior to us having had a reasonable opportunity to act on your notice.
5.3 Charges and credit to your billing account
Billing of fees and charges to your billing account by way of your payment method may occur in any of the following ways:
in advance on a recurring ongoing basis
in advance on a one-off basis
We may charge you a different amount than what you approved. If this charged amount is greater than the amount you approved, we will advise you of the amount and the date of the charge before we make the charge.
5.4 Prices and price increases
The prices for our fees and charges includes all relevant taxes (which taxes must be borne by you), but exclude all separate costs in relation to you being able to access the Internet (which costs must be borne by you). Currency exchange settlements are based on your agreement with your payment method provider.
We may change the price of any of our fees and charges time to time by providing 14 days prior notice to any Members who will be directly affected by such changes.
5.5 Refund policies
Unless expressly stated otherwise by us or required by law, we do not offer any refunds for any of our fees and charges. Refunds will only be made (if required) by way of reversal transactions through the specific payment method by which the original payment in respect of the refund was made.
5.6 Billing statements and errors
We will provide you with an electronic billing statement. This is the only billing statement that we provide. We will not provide paper copies of electronic billing statements.
You must promptly notify us if you know or suspect there is any error in relation to your billing statement. We may correct errors in billing statements at any time. You release us from all liability and claims of loss resulting from any error that you do not notify to us within 120 days of the date of the billing statement, in which case we will not be required to correct any error.
5.7 Late payments
Except to the extent prohibited by law, we may assess a late charge if you do not pay any of our fees or charges on time. You must pay these late charges (in addition to normal charges) when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. All reasonable costs (including legal costs) which we incur in collecting (or attempting to collect) any past due amounts will be borne by you.
5.8 Payments to you
6.1 Governing law
6.2 Users outside Australia
Our website may be accessed from within Australia and throughout the world. We make no representations that our website or any Content, material or information on our website complies with the laws of any country which is not Australia. If you access our website from outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place from where you access our website.
6.3 Inability to carry out obligations
7. Disclaimer and limitation of liability