1. About Zanvy
Zanvy is an online property listing platform operated by Zanvy (ABN 74 324 926 220), a sole trader ('Zanvy', 'we', 'us', 'our'). Zanvy provides a digital marketplace that enables private property sellers ('Sellers') to list residential properties for sale and connect directly with prospective buyers ('Buyers'). Zanvy is not a licensed real estate agent and does not act as an agent, broker, or intermediary in any property transaction.
By accessing or using the Zanvy mobile application or website ('Platform'), you agree to be bound by these Terms of Service ('Terms'). If you do not agree to these Terms, you must not use the Platform.
2. Eligibility
You must be at least 18 years of age to use Zanvy. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
3. Account Registration
3.1 You must create an account to access certain features of the Platform. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date.
3.2 You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at support@zanvy.com.au if you suspect any unauthorised access to your account.
3.3 Zanvy reserves the right to suspend or terminate accounts that violate these Terms.
4. Listing Terms and Conditions
4.1 Eligibility to List
To create a listing on Zanvy, you must:
- Be the legal owner of the property, or have express written authority from the legal owner to list the property for sale.
- Not be subject to any court order, caveat, or other restriction that would prevent the lawful sale of the property.
- Comply with all applicable Australian laws and regulations relating to the sale of property.
4.2 Accuracy of Listing Information
You represent and warrant that all information provided in your listing, including but not limited to property address, description, photographs, asking price, and property features, is accurate, truthful, and not misleading.
You must not:
- Misrepresent the property's size, condition, features, or legal status.
- Use photographs that do not accurately represent the property.
- Include false or exaggerated claims about the property or its location.
- Omit material information that a reasonable buyer would consider relevant.
You acknowledge that providing false or misleading information in a property listing may constitute a breach of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and may expose you to civil and/or criminal liability.
4.3 Listing Fees
4.3.1 The fee to publish a property listing on Zanvy is $99 AUD ('Listing Fee'). The Listing Fee is charged at the time of listing publication and is processed via our third-party payment provider, Stripe.
4.3.2 Each listing remains active for a period of 90 days from the date of publication ('Listing Period').
4.3.3 At the end of the Listing Period, you may renew your listing for a further 90 days for a renewal fee of $49 AUD ('Renewal Fee').
4.3.4 The Listing Fee and Renewal Fee are non-refundable once a listing has been published, except where required by Australian Consumer Law.
4.3.5 If a payment fails or is reversed, Zanvy reserves the right to immediately deactivate the associated listing.
4.4 Listing Duration and Removal
4.4.1 Listings automatically expire at the end of the 90-day Listing Period unless renewed.
4.4.2 You may deactivate or remove your listing at any time through the Platform. No refund will be issued for early removal.
4.4.3 Zanvy reserves the right to remove, suspend, or modify any listing at its sole discretion, without prior notice, if the listing:
- Breaches these Terms or any applicable law.
- Contains false, misleading, or offensive content.
- Relates to a property that has been sold or is no longer available.
- Is the subject of a complaint or legal dispute.
- Is otherwise determined by Zanvy to be inappropriate for the Platform.
4.5 Sold Properties
You agree to promptly mark your listing as sold or remove it from the Platform once the property has been sold or taken off the market.
5. Buyer Conduct
5.1 Buyers may contact Sellers directly through the Platform's in-app messaging feature. All communications must be lawful, respectful, and made in good faith.
5.2 Buyers must not use the Platform's messaging feature for any purpose other than genuine property enquiries, including but not limited to unsolicited marketing, harassment, or fraud.
5.3 Zanvy does not verify the identity of Buyers. Sellers are encouraged to exercise their own due diligence when engaging with prospective buyers.
6. Zanvy's Role
6.1 Zanvy is a technology platform only. We provide the tools for Sellers and Buyers to connect directly. We are not a party to any property transaction, negotiation, or contract entered into between a Seller and a Buyer.
6.2 Zanvy is not a licensed real estate agent under the Property and Stock Agents Act 2002 (NSW) or equivalent legislation in any other Australian state or territory.
6.3 Zanvy does not provide legal, financial, or conveyancing advice. You should seek independent professional advice before entering into any property transaction.
6.4 Zanvy does not guarantee that any listing will result in a sale, or that any buyer enquiry is genuine.
7. Prohibited Conduct
You must not use the Platform to:
- List a property you do not own or have authority to sell.
- Engage in fraudulent, deceptive, or misleading conduct.
- Harass, threaten, or abuse other users.
- Upload content that is defamatory, offensive, or in breach of any third party's intellectual property rights.
- Attempt to circumvent the Platform's security systems.
- Use automated tools to scrape or harvest data from the Platform.
- Violate any applicable Australian law or regulation.
8. Privacy
Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, store, and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
9. Intellectual Property
9.1 All content on the Platform, including but not limited to the Zanvy name, logo, software, and design, is owned by or licensed to Zanvy and is protected by Australian intellectual property laws.
9.2 By uploading photographs or other content to the Platform, you grant Zanvy a non-exclusive, royalty-free licence to use, reproduce, and display that content solely for the purpose of operating the Platform and displaying your listing. We will not use your content for marketing or promotional purposes without your separate consent.
9.3 You represent and warrant that you own or have the necessary rights to all content you upload to the Platform, and that such content does not infringe the rights of any third party.
10. Disclaimers and Limitation of Liability
10.1 The Platform is provided on an 'as is' and 'as available' basis. To the maximum extent permitted by law, Zanvy makes no warranties, express or implied, regarding the Platform's availability, accuracy, or fitness for a particular purpose.
10.2 Zanvy is not liable for any loss or damage arising from reliance on any listing information; any transaction or dispute between a Seller and a Buyer; unauthorised access to your account; or interruptions or errors in the Platform.
10.3 To the extent permitted by Australian Consumer Law, Zanvy's total liability to you in connection with the Platform shall not exceed the amount you paid to Zanvy in the 12 months preceding the claim.
10.4 Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.
11. Indemnity
You agree to indemnify and hold harmless Zanvy, its officers, employees, and agents from and against any claims, damages, losses, and expenses (including legal costs) arising from your use of the Platform, your listing content, or your breach of these Terms.
12. Termination
12.1 You may close your account at any time through the Platform (Profile → Account → Delete account). If you are unable to access the in-app deletion option for any reason, you may contact us at support@zanvy.com.au and we will assist you.
12.2 Zanvy may suspend or terminate your account at any time if you breach these Terms or if we determine, in our sole discretion, that your use of the Platform is harmful to other users or to Zanvy.
12.3 Upon termination, any active listings associated with your account will be deactivated. No refund of Listing Fees will be issued unless required by Australian Consumer Law.
13. Changes to These Terms
Zanvy may update these Terms from time to time to reflect changes in our practices or legal requirements. When we make material changes, we will update the 'Last updated' date at the top of this page. We encourage you to review these Terms periodically. Your continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.
15. Dispute Resolution
Before commencing any legal proceedings against Zanvy, you agree to first contact us at support@zanvy.com.au to attempt to resolve the dispute informally. We will respond within a reasonable time and work in good faith to resolve any concerns. This does not affect your rights under the Australian Consumer Law.
16. General Provisions
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Zanvy regarding your use of the Platform and supersede any prior agreements.
Zanvy's failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
You may not assign or transfer your rights under these Terms without our prior written consent. Zanvy may assign these Terms in connection with a business transfer.
17. Contact Us
For any questions regarding these Terms, please contact:
Zanvy
ABN: 74 324 926 220
Email: support@zanvy.com.au
Website: zanvy.com.au