1.0 About these Terms of Use

This website is operated by Ziilch Pty Ltd (Ziilch, us, we, our).

These Terms of Use set out the terms on which you, as a user of our website, may access and use our website. Whenever you access our website, you must agree to do so only in accordance with these Terms of Use.

These Terms of Use incorporate our Privacy Policy and any other notices and disclaimers which appear in our website (but only to the extent such notices and disclaimers are not inconsistent with these Terms of Use).

These Terms of Use are subject to change without notice (provided that at the time of making such changes we don't believe they will be likely to directly cause you any serious disadvantage). Please check back to our website regularly to access the most current version.

2.0 Membership

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.

Membership gives users the ability (subject to these Terms of Use):

  • 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.

As a Member you may access and use the features and functionality of our website which relate to your type of Membership (as well any other services which we may offer you from time to time). Access to and use of the features and functionality relating to each type of Membership is prohibited unless you are a Member with such Membership type (as at the time of making or attempting such access or use). As a Member you must comply at all times with these Terms of Use.

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

For the purposes of these Terms of Use, a non-profit organisation is a group or association consisting of any number of individual members which is not operating (and which cannot be wound up) for the profit or gain (either directly or indirectly) of any of those members.

  • Charitable organisations

For the purposes of these Terms of Use, a charitable organisation is an entity established for altruistic purposes that the law regards as charitable. To be regarded as a charitable organisation an entity needs to at least have the following characteristics:

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"

For the purposes of these Terms of Use, an organisation embodies a "social enterprise" if we deem it to be so. We reserve the right in our sole discretion to refuse to deem (and revoke any previous deeming by us) that an organisation embodies a "social enterprise". Without limitation, we will take into account the extent to which an organisation promotes environmental sustainability in considering whether it embodies 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 may apply for either Standard User Membership or Organisational Membership by the relevant application process provided on our website from time to time and, in any event, only in accordance with these Terms of Use.

  • Without limiting anything else in these Terms of Use, we may refuse your application for any type of Membership if:
  • you fail to properly complete the relevant application for Membership; or
  • we believe that you will or intend to breach or you have breached any part of these Terms of Use.

For each type of Membership, Members must actively accept these Terms of Use when prompted during the relevant Membership application process.

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:

  • if you breach or if we have reason to believe you will or intend to breach any part of these Terms of Use (irrespective of whether you doing so is causally connected with your Item Listing);
  • 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:

  • username
  • postcode location within Australia
  • Member rating
  • Feedback

Other than these details, we will only collect, use, disclose and provide access to your personal information in accordance with our Privacy Policy.

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 cancel@ziilch.com.au.

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 breach or if we have reason to believe you will or intend to breach any part of these Terms of Use;
  • 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.

Once your Membership has been suspended or ended, any material you have submitted to our website may not be accessed or retrieved by you (subject to your personal information in respect of which our Privacy Policy applies).

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

3.3 Copyright

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

Without limiting anything else in these Terms of Use, all intellectual property rights in any Content is owned by or licensed to us. Nothing in our website (nor the mere act of a user being granted Membership) grants, or shall be construed as granting, any license, sub-license or right to use any part of our website, including any Content.

3.6 Information

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;
  • warrant that you are the owner and author of that user material and that any use by us of that material which is in accordance with these Terms of Use will not infringe the intellectual property rights of any third parties; and
  • agree to, at our cost, execute any further documents which may be required by us to protect our rights under these Terms of Use, including without limitation our licensing rights in respect of your user material.

In the case of user material which contains personal information, we will only use such material in accordance with our Privacy Policy.

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

In addition to anything else contained in these Terms of Use, you must not:

  • 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. Payment

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

If we are required under these Terms of Use or by law to make any payment to you in relation to your Membership, you must first promptly provide us with all information we require to properly make such payment. You are solely responsible for the accuracy of any information that you provide to us and any taxes you may incur as a result of receiving a payment from us. You must comply with all reasonable conditions we place on any payment we make to you. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to fully cooperate with us in doing so.

6. General

6.1 Governing law

The use of and access to our website and these Terms of Use are governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia.

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

If we are unable to perform any or all of our obligations under these Terms of Use by reason of an event which is not reasonably within our control including without limitation omissions or impositions by federal or national government authorities, fire, flood, earthquake and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.

6.4 Waiver

Waiver of a breach of these Terms of Use or of any right, power, authority, discretion or remedy arising upon a breach of these Terms of Use, must be in writing and signed by our duly authorised representative. A breach of this Agreement is not waived by any failure or delay in exercise, or partial exercise, of a right, power, authority, discretion or remedy under these Terms of Use.

6.5 Assignment

You may not assign your rights under these Terms of Use without our prior written consent. We may assign or novate these Terms of Use to any person at any time.

6.6 Severance

The provisions of these Terms of Use are deemed to be severable and any invalidity of any part or provision of these Terms of Use does not affect the validity of the remaining parts and provisions. If any part or provision of these Terms of Use found to be invalid is severed, we reserve the right to immediately terminate the effect of these Terms of Use without notice.

7. Disclaimer and limitation of liability

To the full extent permitted by law, we disclaim any warranties of any kind in respect of the use of or access to our website or any Content, material or information on our website. Liability for breach of any warranties which cannot by law be excluded is limited to the full extent possible. Without limiting anything else in these terms of use, we do not accept any liability whatsoever for any indirect, incidental, special or consequential damages or loss of profits in respect of the use of or access to (or any inability to use or access) our website or any Content, material or information on our website.