Terms of Use & Policies

Welcome to Zirkly ("we," "our," "us"). These Terms of Use ("Terms") govern your access to and use of our website, mobile application, and related services (collectively, the "Platform"). By using the Platform, you agree to these Terms.

1. Eligibility

• You must be at least 18 years old to use the Platform.
• If you're under 18, you may use it only with the involvement of a parent or guardian who accepts these Terms on your behalf.
• You must have legal capacity to enter into contracts under your local laws.

2. Accounts & Registration

• To list or purchase items, you must create an account with accurate, up-to-date information.
• You're responsible for maintaining the confidentiality of your login credentials.
• You agree to notify us immediately of unauthorized use of your account.
• You may sign up using email or Google (or other third-party authentication). If you register via Google, you must sign in with Google.

3. How the Marketplace Works

• We are a platform connecting buyers and sellers for second-hand (re-commerce) items.
• We do not own or take possession of any items listed, and we are not a party to the transaction between buyers and sellers.
• We do not guarantee the quality, safety, or legality of items, or the accuracy of listings.
• All transactions are between the buyer and seller.

4. Listing Items

When listing an item, you agree:

• All information provided (title, description, photos, price) is accurate and not misleading.
• The item complies with applicable laws and our Prohibited Items List (below).
• You have the legal right to sell the item.
• You will promptly update or remove listings that are no longer available.

5. Buying Items

When purchasing, you agree:

• You have read and understood the item description.
• You will pay the listed price (plus applicable fees/taxes).
• You will arrange pickup/delivery with the seller according to the Platform's process.

6. Prohibited Items

The following may not be listed or sold:

• Illegal goods or items infringing on intellectual property.
• Weapons, explosives, hazardous materials.
• Stolen property or items obtained illegally.
• Items recalled or banned by regulators.
• Adult content or services.
• Pets & Live animals.
• Drugs

(This list may be updated at any time.)

7. Fees & Payments

• Listing an item may be free or subject to fees. Any applicable fees will be clearly disclosed before you publish your listing.
• Payments between buyers and sellers on the Platform are processed by independent third-party payment service providers (such as PayID, Stripe, PayPal, etc.).
• All funds flow directly from the buyer to the seller through the payment provider.
• By using the Platform, you authorize us to pass the necessary transaction details to the payment provider to enable the payment.
• We are not responsible for delays, errors, reversals, chargebacks, or losses caused by third-party payment providers.
• Any refunds, chargebacks, or disputes regarding payments are solely between the buyer, seller, and the payment provider.

8. Shipping, Pickup & Delivery

• Buyers and sellers are responsible for agreeing on and completing pickup or delivery.
• We may provide tools to help arrange pickup, but we are not liable for damages, delays, or disputes.

9. Disputes Between Users

• Any disputes about a transaction are strictly between the buyer and seller.
• We will not assist with dispute resolution between users.
• We reserve the right to suspend or terminate accounts in the event of repeated disputes or violations.

10. User Conduct

You agree not to:

• Use the Platform for unlawful purposes.
• Post false, misleading, or defamatory content.
• Harass, threaten, or abuse other users.
• Interfere with the Platform's operation or security.
• Collect or harvest other users' data without consent.
• Post content that is offensive, obscene, discriminatory, hateful, harassing, abusive, violent, sexually explicit, or otherwise inappropriate. Users who violate these rules may have their content removed, and accounts may be suspended or terminated.

11. Intellectual Property

• The Platform, its content, and trademarks are owned by or licensed to us.
• You may not copy, modify, or distribute our content without permission.
• You grant us a non-exclusive license to use your listing content (photos, text) for operating and promoting the Platform.

12. Privacy Policy

We respect your privacy. By using the Platform, you consent to our data practices described below:

Information We Collect:

• Account info (name, email, phone).
• Listings, messages, and transaction history.
• Device, log, and usage data.
• Location data (approximate or precise) when you enable location access to view nearby listings or enable location-based features.

How We Use It:

• Provide and improve the Platform.
• Process transactions.
• Communicate with you about your account or listings.
• Prevent fraud and ensure safety.
• Enable nearby search and show listings, offers, or buyers based on your location.

Sharing:

• With payment processors and delivery partners as needed.
• As required by law or legal requests.
• Never sold to third parties for marketing without your consent.

Your Rights:

• Access, correct, or delete your data.
• Close your account at any time.

Location Data:

• Zirkly may request access to your device’s location to help you find listings and buyers near you.
• Location access is optional and requested only when you use features that rely on your location (for example, viewing nearby listings).
• The data is used solely for in-app functionality such as showing relevant results based on proximity.
• You can withdraw permission or disable location access anytime through your device settings.

13. Suspension & Termination

We may suspend or terminate your account if:

• You breach these Terms.
• You post objectionable or abusive content.
• We suspect fraudulent or illegal activity.
• Required by law or regulatory authorities.
• Users may also be temporarily restricted or blocked if they are reported for harassment or abusive behavior. Users can submit reports via the Support page in their profile menu to report abusive users or resolve account issues.

14. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages arising from your use of the Platform.
• Our total liability for any claim shall not exceed the amount you paid to us (if any) in the last 12 months.

15. Indemnity

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Platform.
• Your breach of these Terms.
• Your violation of any laws or third-party rights.

16. Changes to the Terms

We may update these Terms at any time. The revised version will take effect upon posting. Your continued use constitutes acceptance.

17. Governing Law & Jurisdiction

These Terms are governed by the laws of Australia without regard to its conflict of laws principles. Any disputes will be resolved in the courts of Melbourne, Victoria.

18. Contact Us

Questions about these Terms or to report objectionable content or user behavior? Use the Support page in your profile menu. All reports are reviewed and acted upon within 24 hours.

19. Prohibited Conduct Enforcement Policy

We monitor all user-generated content and may take action to maintain a safe and respectful community. This includes:

• Removing listings or content without notice.
• Temporarily suspending, restricting, or permanently banning accounts.
• Reporting illegal activity to law enforcement.
• Users can report objectionable or abusive content via the Support page in their profile menu. All reports are reviewed and acted upon within 24 hours, including removing offending content and suspending users if necessary. We may also block or restrict users from interacting with others if they are reported for harassment or abuse.

20. Entire Agreement

These Terms, along with our Privacy Policy and any supplemental guidelines, form the entire agreement between you and us.