Terms of Use

1. Acceptance of Terms

• By accessing or using Zirkly, you agree to be bound by these Terms of Use and all applicable laws and regulations.
• If you do not agree with any part of these terms, you may not use our services.
• These terms apply to all users, including browsers, vendors, customers, merchants, and content contributors.

2. Account Registration

• You must be at least 18 years old to create an account and use Zirkly.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate, current, and complete information during registration.
• You are responsible for all activities that occur under your account.
• Notify us immediately of any unauthorized use of your account.

3. User Accounts

4. Listings and Content

• You are solely responsible for the content of your listings, including photos, descriptions, and pricing.
• All listings must comply with Australian laws and regulations.
• You retain ownership of your content but grant Zirkly a license to display, distribute, and promote it.
• Zirkly reserves the right to remove any listing that violates these terms or our community standards.
• You must not post misleading, false, or fraudulent listings.
• Images must be your own photos of the actual item - stock photos are prohibited.

5. Prohibited Activities

• Listing stolen goods, counterfeit items, or illegal products
• Fraudulent activities or attempts to scam other users
• Harassment, abuse, or threatening behavior toward other users
• Circumventing or manipulating platform fees
• Creating multiple accounts to abuse promotions or evade restrictions
• Using automated tools to scrape data or create listings
• Posting spam, phishing links, or malicious content
• Impersonating other users, businesses, or Zirkly staff
• Listing items that violate intellectual property rights

6. Transactions and Payments

• Zirkly facilitates connections between buyers and sellers but is not a party to transactions.
• You are responsible for completing transactions, including payment and item delivery.
• Platform currency "Zirklets" can be earned through activities and used for promotional features.
• Zirklets have no cash value and cannot be exchanged for real currency.
• Transaction fees and service charges apply as outlined in our fee schedule.
• All payments must be made through approved methods.

7. Boosting, Featured, and Spotlight Listings

• Promotional features (Boost, Featured, Spotlight) are paid services to increase listing visibility.
• Fees are non-refundable once the promotional period begins.
• Promotional placements do not guarantee sales or specific results.
• Zirkly reserves the right to remove promoted listings that violate our terms.
• Promotional pricing is subject to change with notice.

8. Intellectual Property

• Zirkly and its original content, features, and functionality are owned by Zirkly and protected by copyright, trademark, and other laws.
• You may not copy, modify, distribute, or reverse engineer any part of our platform.
• Our trademarks, logos, and service marks may not be used without written permission.
• User-generated content remains the property of users, subject to our license terms.

9. Limitation of Liability

• Zirkly is provided "as is" without warranties of any kind, either express or implied.
• We do not guarantee the accuracy, reliability, or quality of user listings or content.
• Zirkly is not liable for disputes between buyers and sellers.
• We are not responsible for losses, damages, or injuries resulting from transactions.
• Our total liability for any claim shall not exceed the fees you paid to Zirkly in the past 12 months.
• Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

10. User Conduct and Safety

• You agree to conduct all transactions safely and responsibly.
• Meet in public places for in-person exchanges.
• Inspect items before completing purchases.
• Report suspicious activity, fraudulent listings, or safety concerns immediately.
• Do not share sensitive personal or financial information outside secure channels.
• Follow all guidelines in our Safety Tips section.

11. Privacy and Data

• Your use of Zirkly is also governed by our Privacy Policy.
• We collect and use personal information as described in our Privacy Policy.
• You consent to the collection, use, and sharing of your information as outlined.
• You have rights regarding your personal data under applicable privacy laws.
• We implement security measures to protect your data but cannot guarantee absolute security.

12. Termination

• You may close your account at any time through account settings.
• Zirkly reserves the right to suspend or terminate accounts that violate these terms.
• We may terminate accounts for inactivity, fraudulent behavior, or violations of community standards.
• Upon termination, you lose access to your account, listings, and any unused Zirklets.
• Sections of these terms that should reasonably survive termination will remain in effect.

13. Dispute Resolution

• You agree to first contact Zirkly support to resolve any disputes or complaints.
• If informal resolution fails, disputes will be resolved through binding arbitration.
• Arbitration will be conducted in accordance with Australian arbitration laws.
• You waive any right to participate in class action lawsuits or class-wide arbitration.
• Nothing prevents you from seeking relief in small claims court for disputes within its jurisdiction.

14. Governing Law

• These Terms of Use and Policies are governed by the laws of Australia.
• You consent to the exclusive jurisdiction of courts in Australia for any disputes.
• If any provision of these terms is found to be unenforceable, the remaining provisions remain in effect.

15. Changes to Terms

• Zirkly reserves the right to modify these terms at any time.
• We will notify users of significant changes via email or platform notifications.
• Your continued use of the platform after changes constitutes acceptance of the new terms.
• It is your responsibility to review these terms periodically.

16. Contact Information

• For questions about these Terms of Use and Policies, contact us at legal@zirkly.com.au
• For general support, use the Contact Us form in the Support section.
• For safety concerns, email safety@zirkly.com.au