Terms and Conditions

Welcome to Zokoon Pty Ltd (ABN: 86 686 091 234) ("Zokoon", "we", "us", or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you and Zokoon regarding your access to and use of our construction project management platform, website (zokoon.com.au), and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

These Terms apply to all users of the Services, including homeowners, property investors, tradespeople, contractors, and visitors to our website.

Zokoon operates a construction project management platform that:

• Connects homeowners and property owners directly with verified, licensed tradespeople
• Provides professional project management services for construction and renovation projects
• Facilitates communication, scheduling, and coordination between parties
• Offers cost optimization and budget planning assistance
• Ensures quality control and compliance with Australian building standards

Zokoon acts as a project management facilitator and does not perform construction work directly. All construction work is performed by independent licensed tradespeople matched through our platform.

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Provide accurate, current, and complete information
• Not be prohibited from using our Services under Australian law

For tradespeople, additional requirements apply (see Section 5).

4.1 Account Creation

To access certain features, you may need to create an account. You agree to:

• Provide accurate and complete registration information
• Maintain and update your information to keep it accurate
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

Tradespeople joining our platform must meet the following requirements:

5.1 Licensing and Credentials

• Hold current, valid licenses required for their trade in NSW
• Maintain active registration with NSW Fair Trading
• Provide proof of all relevant qualifications and certifications

5.2 Insurance

• Public liability insurance (minimum $20 million coverage)
• Workers compensation insurance (where required by law)
• Professional indemnity insurance (for specialized trades)

5.3 Compliance

• Comply with all Work Health and Safety (WHS) regulations
• Adhere to Australian Building Codes and Standards
• Obtain necessary permits and approvals for all work
• Provide statutory warranties as required by NSW law

5.4 Professional Conduct

• Maintain professional standards and quality workmanship
• Communicate promptly and transparently with clients
• Complete work within agreed timelines and budgets
• Resolve disputes in good faith

All users agree to:

• Use the Services only for lawful purposes
• Provide accurate and truthful information
• Not impersonate others or misrepresent affiliations
• Not engage in fraudulent, deceptive, or misleading conduct
• Not transmit viruses, malware, or harmful code
• Not interfere with or disrupt the Services
• Not scrape, harvest, or collect data from the platform without permission
• Respect intellectual property rights
• Comply with all applicable Australian laws and regulations

7.1 Project Management Fees

Homeowners pay project management fees to Zokoon as outlined in the project agreement. Fees are based on project scope and complexity.

7.2 Tradesperson Payments

Homeowners pay tradespeople directly for labor and materials. Zokoon does not charge commission fees to tradespeople. Payment schedules are milestone-based and outlined in project contracts.

7.3 Payment Methods

We accept bank transfers, credit cards, and other payment methods as specified. All payments are processed securely through third-party payment processors.

7.4 Refunds

Refund eligibility depends on project stage and circumstances. Disputes are handled case-by-case in accordance with Australian Consumer Law.

7.5 Taxes

All prices include GST (where applicable). You are responsible for any additional taxes or duties applicable to your jurisdiction.

8.1 Zokoon's Rights

All content, features, and functionality of our Services (including text, graphics, logos, software, and designs) are owned by Zokoon and protected by Australian and international copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal or business purposes in accordance with these Terms.

8.3 User Content

By uploading content (photos, documents, reviews), you grant Zokoon a worldwide, royalty-free license to use, display, and distribute your content for providing and promoting our Services. You retain ownership of your content.

9.1 Platform Services

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, except as required by Australian Consumer Law.

9.2 Tradesperson Work

While we vet tradespeople carefully, Zokoon does not warrant the quality, safety, or legality of work performed by independent tradespeople. Tradespeople are responsible for their own work and provide statutory warranties directly to homeowners as required by NSW law.

9.3 No Guarantee

We do not guarantee project outcomes, timelines, or cost savings. Actual results vary based on project specifics, market conditions, and other factors beyond our control.

9.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies under the Competition and Consumer Act 2010 (Cth) or other applicable Australian consumer protection laws.

To the maximum extent permitted by law:

• Zokoon's total liability for any claim arising from or related to these Terms or the Services shall not exceed the total fees paid by you to Zokoon in the 12 months preceding the claim
• Zokoon shall not be liable for indirect, incidental, consequential, special, or punitive damages
• Zokoon is not liable for acts or omissions of independent tradespeople
• Zokoon is not liable for delays or failures due to circumstances beyond our reasonable control

These limitations do not apply to liability that cannot be excluded under Australian law, including liability for death or personal injury caused by negligence, fraud, or misleading conduct.

You agree to indemnify, defend, and hold harmless Zokoon, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations
• Work performed by tradespeople you engage through our platform

12.1 Good Faith Negotiations

If a dispute arises, the parties agree to first attempt to resolve it through good faith negotiations.

12.2 Mediation

If negotiations fail, disputes may be referred to mediation before pursuing legal action.

12.3 Consumer Rights

Nothing in these Terms prevents you from exercising your rights under Australian Consumer Law or seeking remedies through consumer protection agencies, tribunals, or courts.

12.4 Construction Disputes

Construction-related disputes may be referred to NSW Fair Trading or the NSW Civil and Administrative Tribunal (NCAT) in accordance with NSW building and construction laws.

13.1 By You

You may terminate your account at any time by contacting us. Termination does not relieve you of obligations for ongoing projects.

13.2 By Zokoon

We may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Failure to meet tradesperson requirements (for tradesperson accounts)

13.3 Effect of Termination

Upon termination, your right to use the Services ceases. Provisions that should reasonably survive termination (including payment obligations, warranties, and limitations of liability) will continue to apply.

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

If you are a consumer, you may also have rights under mandatory consumer protection laws in your jurisdiction that cannot be excluded.

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any project-specific agreements, constitute the entire agreement between you and Zokoon.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. Zokoon may assign these Terms to any successor entity.

15.5 Third-Party Rights

These Terms do not create any third-party beneficiary rights.

15.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, pandemics, labor disputes, or government actions.

We reserve the right to modify these Terms at any time. We will notify users of material changes by:

• Posting updated Terms on our website with a new "Last Updated" date
• Sending email notifications to registered users
• Displaying prominent notices on our platform

Changes take effect immediately upon posting for new users, and after 30 days for existing users. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

If you do not agree to the updated Terms, you must stop using the Services and terminate your account.

For questions or concerns about these Terms, please contact us: