The website www.zedrealestate.com.au (“Website”) is operated by Nasheet Enterprises Pty Ltd (622 020 67) trading as Zed Real Estate (“Zed”, “we”, “us” or “our”).
In this document, “you” means the individual accessing or using the Website and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer or the entity that is engaging you.
By using or accessing the Website, you agree to the terms and conditions of use for the Website as set out in this document (“Terms of Use”). Your use of the Website and the online platform made available through the Website is conditional upon your acceptance and compliance with these Terms of Use, and the terms, conditions, notices and disclaimers contained elsewhere on the Website. If you are selling a property using our services, you will also be subject to a Service Agreement in addition to these Terms of Use.
If you do not agree to these Terms of Use, you must not use or access the Website. If you violate any of the Terms of Use, we may terminate your right to use and access the Website.
Capitalised words and phrases used in these Terms of Use have the meaning given to them in the section titled ‘Defined terms’.
To use our Online Platform, you will need to register for an Account via the Website. You must provide accurate information about yourself as part of the Account registration process. You must also comply with our verification process (which may involve recording your IP address). You should keep all of your Account information a secret, including your user names and passwords, and you must not disclose these details to anyone.
Only persons aged 18 years old or over are entitled to register for an Account on our Website. If you are under 18 years of age, you must not apply for or register for an Account on this Website.
You acknowledge that your failure to provide accurate, current and complete Account information and data (or your failure to keep such information up to date) may result in the suspension and/or termination of your Account and/or any Products and Services we provide to you (without a refund or credit of any fees paid by you to us).
Once you have registered an Account via the Website and completed the verification process, you will have access to the Online Platform. You will then be able to use the Online Platform, subject to your compliance with these Terms of Use, the Privacy Policy and any other terms and conditions that you have agreed to (such as our Service Agreement).
You must only use the Website and the Online Platform:
You must not:
We may cease making the Website or the Online Platform available at any time to perform any required maintenance or implement any upgrades. We will endeavour to provide you with reasonable notice of any scheduled maintenance but may not be able to provide notice in all circumstances.
In using the Website and the Online Platform, you must comply with the following acceptable use guidelines. You must not:
We have the right to enforce these guidelines as we deem appropriate in our sole discretion. If you, or anyone using your Account, Zed Real Estate password or identifying information, violate these Terms of Use or any acceptable use guidelines, we may take any and all actions from the issuance of a warning to terminating your right to use the Systems (without refund or part credit of any fees paid) to involvement of the appropriate authorities that we deem necessary or appropriate. We are not required to provide notice before terminating your right to use the Systems for violating these Terms, but we may choose to do so.
BY USING THE SYSTEMS, YOU AGREE TO:
(1) WAIVE ANY CLAIMS YOU MAY HAVE AGAINST ZED REAL ESTATE, AND
(2) HOLD ZED REAL ESTATE HARMLESS AND INDEMNIFY ZED REAL ESTATE WITH RESPECT TO ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY,
RELATING TO ANY ACTION TAKEN BY ZED REAL ESTATE AS PART OF ITS INVESTIGATION OF A SUSPECTED BREACH OF THESE TERMS OF USE BY YOU, OR AS A RESULT OF ITS FINDING OR DECISION THAT YOU HAVE BREACHED THESE TERMS OF USE OR THE WITHDRAWAL OF THE SYSTEMS WHETHER TEMPORARILY OR PERMANENTLY AS A RESULT OF A BREACH OF THESE TERMS OF USE BY YOU. THIS MEANS THAT YOU CANNOT SUE ZED REAL ESTATE OR RECOVER ANY DAMAGES WHATSOEVER FROM ZED REAL ESTATE AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SYSTEMS, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED BREACH BY YOU OR AS A RESULT OF ZED REAL ESTATES’ CONCLUSION THAT A BREACH OF THESE TERMS OF USE BY YOU HAS OCCURRED.
THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL BREACHES DESCRIBED IN OR CONTEMPLATED BY THESE TERMS OF USE, BUT APPLIES ONLY TO THE EXTENT PERMITTED BY LAW AND WILL NOT BE CONSTRUED AS EXCLUDING, QUALIFYING OR LIMITING YOUR STATUTORY RIGHTS OR REMEDIES WHERE TO DO SO WOULD BE PROHIBITED BY STATUTE.
You acknowledge that we are not responsible or liable in any way for any Content provided by others and that we have no duty or obligation to pre-screen such Content.
We do not accept any liability for the accuracy of any Content posted by other Users of the Website. We are not liable for any loss resulting from any action taken or reliance made by you on any Content, information or material posted by another User.
We reserve the right at all times to determine whether Content is appropriate and in compliance with these Terms of Use. We may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in our sole discretion if we consider that such Content is in violation of these Terms of Use or is otherwise objectionable.
If while using the Systems, you encounter Content that you find inappropriate or otherwise believe to be a violation of these Terms of Use, you may report it by sending an email to support@zedrealestate.com.au.
We do not guarantee or warrant that any photos, photo books, digital images, data, text or other Content that you create, upload, send or store for the purpose of your use of the Systems will not be subject to inadvertent damage, corruption or destruction. If any of your Content is damaged, lost or corrupted in any way, we will have no obligation or liability to you. You are solely responsible for your use of the Systems, including all Content you generate or upload to our Systems. We are not and will not be responsible for what is contained in any such Content.Although we encourage you to use the Systems to express your creativity, we reserve the right to refuse to process any order or upload submitted by you containing Content that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise offensive, illegal, inappropriate or unacceptable, including any material that we consider breaches our acceptable use guidelines (as set out in these Terms of Use) or which we believe may cause any liability to or for us under any applicable law or regulation. In particular, we reserve the right to refuse to process orders or uploads containing Content which, in our sole opinion, contains expressions of abuse, offensive language or images, obscenity or pornography (including but not limited to child abuse or child pornography, and/or depictions of minors engaged in sexual conduct or explicitly sexual situations).
We do not claim ownership of the materials and/or Content that you submit or make available on the Systems (including any intellectual property rights in such Content or materials). By submitting Content to us, you are representing that you are the owner of such material or and/or have all necessary rights, licenses, and authorisation from the owner of the Content to distribute it in the manner contemplated by these Terms of Use (including any consents to any acts or omissions in relation to such Content which might otherwise infringe the author’s moral rights under the Copyright Act 1968 (Cth) or similar legislation).
By submitting or posting such Content on areas of the Systems that are accessible by the public or other Users with whom you consent to share such Content, you grant to us an irrevocable, perpetual, non-terminable, worldwide, royalty-free, non-exclusive licence (with a right to grant sub-licences) to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Systems solely for the purpose for which such Content was submitted or made available, without any compensation or obligation to you. You agree that any Content submitted or posted by you will be your sole responsibility, must not infringe or violate the rights (including intellectual property rights) of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.
You understand that to provide the Systems and make your Content available thereon, we may transmit your Content across various public networks, in various media and modify or change your Content to comply with technical requirements of any connecting networks or devices or computers. You agree that the licence granted by you above permits us to take any such actions.
If you believe that any Content in which you claim copyright has been infringed by anyone using the Systems, please contact us at support@zedrealestate.com.au. We may, in our sole discretion, suspend and/or terminate Accounts of Users that are found to be repeat infringers.
Certain Content, components or features of the Systems may include materials and/or services from third parties and/or hyperlinks to other websites, resources or content. Because we have no control over such third-party websites, services and/or materials, you acknowledge and agree that we are not responsible for the availability of such websites, services or resources. We do not endorse or warrant the accuracy of any such websites or resources and are in no way be liable or responsible for any content, advertising, systems or materials on or available from such websites or resources. You further acknowledge and agree that we are not responsible or liable in any way for any damages you suffer or incur, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, systems or materials on or available from such websites or resources.
Our provision of links to any third-party sites is not, and should not be construed as, an endorsement, approval or recommendation by us of the owners or operators of those third-party sites or of any information, graphics, materials, products or services referred to or contained on those third-party websites.
Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement(s).
We reserve the right to take any steps that we reasonably believe are necessary or appropriate to enforce and/or verify compliance with these Terms of Use. You acknowledge and agree that we may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to:
We reserve the right to access your Account (which may involve taking complete control) to ensure the orderly and reasonable conduct of your Account in accordance with these Terms of Use, our Privacy Policy and (if applicable) your Service Agreement. This may include withdrawal of properties that have been sold by another agent or the withdrawal of offers to sell a property. Before we do this, you will be provided with a verbal request to take the necessary steps to remedy any issues with your Account. If you fail to rectify any issues with your account in response to our verbal request within 2 days, we will provide a further 7 days’ notice in writing requiring you to rectify the issue with your Account. If you still have not rectified the issue we have identified with your Account, we will take appropriate action to rectify the issue directly, which may include accessing your Account to rectify the issue.
Zed Real Estate will never ask you to reveal your Account password, either verbally or in writing.
You agree:
You must take your own precautions to ensure that the means that you use to access this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility or liability for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website. You are solely responsible for, and you assume all risk arising from, your use of our Website and the Online Platform and the technology and telecommunications services that you use to access our Website and the Online Platform.
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
We provide a property appraisal by our Local Real Estate Agent. This can be booked through our Website and the Online Platform. This property appraisal is free if you do not subsequently instruct us in relation to the sale of your property. The property appraisal is also included as part of the price of our Products and Services. Details on how to book your free property appraisal can be found on our Website after you have registered your Account.
If you are buying a property at an auction and/or under Auction Conditions, or if you make a pre-Auction offer on such property through the System, you will be legally obliged to purchase under Auction Conditions. Before making an offer on a property marked as being sold at Auction you should obtain legal advice and understand the consequences of making such an offer. If you are selling at an Auction you may be legally obliged to sell the property in accordance with the Auction Conditions and therefore you should obtain legal advice and understand the consequences of offering your home for sale in this manner.
You acknowledge and agree that we and/or our licensors own all legal right, title and interest in and to the Systems, including but not limited to graphics, user interface, scripts, logos, sounds, music, artwork, videos, computer code and software used to implement the Systems, and any software provided to you as a part of and/or in connection with the Systems, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Systems (including the Software, or any other part thereof) contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for the use of the Systems in accordance with these Terms of Use. No portion of the Systems may be reproduced in any form or by any means, except as expressly permitted in these Terms of Use.
Nothing in these Terms of Use will, or is intended to be construed to, convey to you any interest, title or licence in a Zed Real Estate password, email address, domain name, or similar resource used by you in connection with the Systems or the Software.
The name “Zed Real Estate”, the Zed Real Estate logo and other Zed Real Estate trademarks, Systems marks, graphics, and logos used in connection with the Systems and Software are the trademarks or registered trademarks of Zed Real Estate and/or our related parties. Other trademarks, Systems marks, graphics, and logos used in connection with the Systems or Software may be the trademarks of their respective owners. You are granted no right or licence to use or independently exploit any of these trademarks. You must not remove, obscure or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Product(s) or Software.
Subject to your continued compliance with these Terms of Use, we grant to you a limited, revocable, personal, non-exclusive, non-transferable, non-sublicensable licence to use the Software as provided to you by us as a part of the Systems. It is a condition of this licence that you do not (and that you do not permit anyone else to) copy, modify, rent, loan, distribute, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sub-license, assign, grant a security interest in or otherwise transfer any right in the Software. In exercising this licence, you must not exploit the Systems in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.
THE USE OF THE SYSTEMS OR ANY PART OF THE SYSTEMS, EXCEPT AS PERMITTED IN THESE TERMS OF USE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF ZED REAL ESTATE AND/OR THIRD-PARTIES AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT
We comply with and have reasonable measures in place to ensure that our staff comply at all times with, the provisions and obligations contained in the Privacy Act 1988 (“Privacy Act”), including the Australian Privacy Principles. We take reasonable precautions to preserve the integrity and prevent any corruption or loss, damage or destruction of your data and information.
You understand that by using the Systems, you consent and agree to the collection and use of certain information about you and your use of the Website in accordance with our Privacy Policy. You further consent and agree that we may collect, use, transmit, process and maintain information related to your Account, and any devices or computers used by you to access the Systems, for purposes of providing the Systems to you. Information collected by us when you use the Systems may also include technical or diagnostic information related to your use that may be used by us to support, improve and enhance our Systems. For more information please read our privacy policy (available at www.zedrealestate.com.au).
The personal information which you give to us when registering for access to the Systems will be used in connection with your use of the Systems and will be transferred to and maintained in our records in Australia. If you do not consent to this transfer, do not accept these terms and conditions.
As part of the process of using the Systems certain personal information will need to be disclosed to third parties such as a Seller, prospective Purchaser, legal adviser, real estate agent, third party web portals and other third parties that are necessary for us to provide the Systems to you.
In particular, you to consent to us disclosing your personal information to:
Subject to any statutory guarantees that cannot be lawfully excluded, we expressly exclude all warranties, guarantees, conditions and representations, whether express or implied, in relation to any Products and Services supplied or provided by us (including as to performance, quality or fitness for use or purpose, or any warranty or representation that the products will be free from defects).
To the maximum extent permitted by applicable law:
We do not accept responsibility for and exclude any liability for, any loss, damage, cost or expense however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Website, the Online Platform or any linked website. In particular, we do not accept any responsibility or liability for any loss, damage, cost or expense that you may suffer or incur arising out of your use of or reliance on any documents, Content or other information contained on or accessed through our Website or the Online Platform.
To the extent maximum permitted by applicable law, any statutory guarantee, condition or warranty that would otherwise be implied into these Terms of Use are excluded.
Except in relation to any liability for breach of any statutory guarantee, condition or implied warranty under any laws the application of which may not be lawfully excluded, our total liability to you arising out of these Terms of Use or your purchase or use of any of our Products and Services will not exceed the following amount:
Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon us which cannot be excluded, restricted or modified except to a limited extent, these Terms of Use must be read subject to those statutory provisions. To the extent that our liability for breach of any statutory guarantee, condition or implied warranty cannot be excluded by law but we are permitted to limit our liability in respect of such matters, our liability for any breach of such guarantees, conditions or warranties will be limited, at our option, as follows:
To the fullest extent permitted by law, Zed Real Estate, its directors, officers, employees, affiliates, agents or contractors are not liable for any direct, indirect, incidental, special or consequential damages arising from your use of any of the Systems (including any loss of profits, revenue, opportunity, goodwill, expectation, business, savings, data or unavailability of systems or other loss, whether arising under contract, statute, negligence or other tort or otherwise, arising in connection with the Website, the System or any use of or access to, or any inability to use or access, the Website or the System) or for any other claim related in any way to your use of, or inability to use, the Systems.
As a condition of your use of the Website, the Online Platform and any Content or other documents or materials accessible through the Website, you agree to indemnify us, our related companies and our and their respective directors, officers, employees and agents against any claims, proceedings, losses, liabilities, damages, costs or other expenses (including legal costs) and third-party claims incurred that we or any of those parties incurs or suffers as a result of your breach of these Terms of Use, your use or access of the Website and/or Online Platform, any or any violation of any applicable law by you or any other action, inaction or omission on your part relating to this Website or the Online Platform.
We may suspend your access to the Website and/or the Systems at any time without notice if it is necessary to perform maintenance on the Website and/or the Systems or to protect the safety or security of the Website and/or the Systems, its Users or us or to ensure the proper operation of the Website and/or the Systems.
We may terminate these Terms of Use and your access to the Website and/or the Systems at any time without notice, including if you breach these Terms of Use. In the event of termination, you must immediately cease accessing and using the Website and/or the Systems and (at our option) return any hard copies of our Content to us or destroy any hard copies and any other electronic copies of our Content within your control or possession. All restrictions imposed on you and all disclaimers, indemnities and limitations of liability set out in the “Terms of Use” will survive termination of your access to the Website and/or the Systems.
We may change these Terms of Use or add or remove any part at any time. Such changes will become effective at the time that we will post such changes on the Website. It is your responsibility to check the Website for any changes to these Terms of Use. You agree to be bound by such changes if you continue to use the Systems and Services after the changes to these Terms of Use are posted on our Website. You should visit this page periodically to review the Terms of Use.
IF ANY FUTURE CHANGES TO THESE TERMS OF USE ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SYSTEMS AND SERVICES. YOUR CONTINUED USE OF THE SYSTEMS AND SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH CHANGES WILL INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE AND OF ANY SUCH CHANGES.
If you object to any of the Terms of Use or any amendments, your only recourse is to immediately discontinue your use of the Website and the Online Platform. If you violate any Terms of Use, we may terminate your right to use and access the Website without notice.
We may send you notices concerning the Systems by sending an e-mail message to the email address listed in your Account or by sending a letter via postal mail to the contact address listed in your Account.
These Terms of Use are governed by the laws in force in the State of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Victoria and of the Commonwealth of Australia in respect of any disputes arising under or by reference to these Terms of Use or otherwise relating to the Website and/or the System.
We accept no liability for any failure by us to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.
You acknowledge and agree that you will be solely responsible for ensuring that your use of the Website and/or Online Platform complies with all laws that apply to you.
To the extent possible, any part of the Terms of Use that is found by a court of law to be invalid or unenforceable will be read down and construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. If any provision of the Terms of Use is found to be wholly void, unlawful or unenforceable for any reason, then the portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severed from the Terms of Use and will not otherwise affect the validity and enforceability of any remaining provisions.
Any failure by us to enforce any right or provisions in terms of Use will not constitute a waiver of such provision or any other provision of the Terms of Use.
In these Terms of Use:
‘Account’ means your Account within the Online Platform. For the avoidance of doubt, this includes the area where you instruct us and manage the process of a sale, purchase, let and/or rent (including all marketing services).
‘Auction’ means where a property is being sold at an auction under Auction Conditions.
‘Auction Conditions’ means the conditions upon which an auction is conducted and upon which a seller is to sell their property and upon which a buyer is purchasing the property in accordance with the auction conditions and good practice.
‘Complimentary’ means free of charge without financial consideration.
‘Content’ means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online Platform, whether through the Website and/or Online Platform or uploaded manually.
‘Conveyancing Provider’ means such firm or firms who are part of a panel of Solicitors or Lawyers introduced by us to you from time to time for any reason.
‘Deferred Payment Date’ has the same meaning given to that term in the Service Agreement.
‘Online Platform’ means the Complimentary software provided to you in accordance with these Terms of Use.
‘Privacy Policy’ means our privacy policy as amended from time to time and published on the Website.
‘Products and Services’ means all and each of the products and/or services offered from time to time by Zed Real Estate within the Website and Online Platform and defined in the Service Agreement.
‘Zed Real Estate’, ‘we’, ‘us’ or ‘our’ means Zed Real Estate of 888 Nepean Highway, Hampton East, Victoria.
‘Service Agreement’ means the agreement entered into between Zed Real Estate and a customer selling their property with Zed Real Estate.
‘Systems’ means the Website and Complimentary or subscribed (following a payment) access to the Online Platform.
‘User’ means you or anyone who uses the Systems.
‘Website’ means the website hosted at www.zedrealestate.com.au, including all systems, Software and processes hosted at that domain name.
‘you’ means the individual (including a company) using the Website and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer.
These Terms of Use were last updated on 26 November 2018.
Download our Terms of Use pdf version.
