1 YOUR ACCEPTANCE OF TERMS AND CONDITIONS
1.1 The website http://www.HomeSellerGuide.com.au and the vendor research services (the Services) provided over the website (together referred to as the Website) and over other communication means are owned and operated by OpenAgent Pty Ltd. Any reference to "we", "us" and "our" in these Terms and Conditions refers to HomeSellerGuide.
1.2 The following terms form the Terms and Conditions for use of the Website and the terms of your relationship with HomeSellerGuide.
1.3 Please carefully read these Terms and Conditions before you use this Website. In using the Website, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not continue to use the Website.
1.4 These Terms & Conditions apply whenever you access the Website or utilise the Services, regardless of how you access the Website or interact with us, including but not limited to; the internet, tablets, smart phones, mobile phones and RSS feeds.
1.5 We may revise these Terms and Conditions from time to time by updating this posting. The revised Terms and Conditions will take effect upon notice thereof, which may be provided to you by posting on the Website, via e-mail or any other means.
2 INTELLECTUAL PROPERTY ON THE WEBSITE
2.1 All intellectual property in relation to the Website and the content on the Website (including the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts sound recordings and graphics comprised in the Website) ("Intellectual Property") belongs to HomeSellerGuide or its licensors, advertisers, associated or related entities or affiliates.
2.2 HomeSellerGuide and its associated or related entities retain all rights, title, and interest in and to the Website and all related content and Intellectual Property, and nothing you do on or in relation to the Website, or any of the related content will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.
2.3 You agree not to do anything that interferes with or breaches the intellectual property rights in the content. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website.
2.4 You may download and view content or print a copy of material on the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
2.5 Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Website, or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us via the communication methods available on the Website if you wish to obtain such consent.
3. MEMBERSHIP REQUIREMENTS
3.1 You must register your membership with HomeSellerGuide in order to make use of the Services provided by HomeSellerGuide.
3.2 Registration is free and you agree and acknowledge that:
(a) you shall provide us with accurate, complete and updated registration information including the contact details and all property details;
(b) you may cancel your registration at any time by notifying us via email at cancellations@HomeSellerGuide.com.au . We will then use our best efforts to cancel your registration within 21 working days of our receipt of your request.
3.3 HomeSellerGuide reserves the right to verify all potential registrations in order to maintain quality of the Services and may contact you by telephone or email to verify that your registration information is accurate and correct before engaging.
3.4 HomeSellerGuide reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons:
(a) breach of any applicable law or breach of any of the Terms and Conditions set out including any breach of Clause 4 herein; or
(b) where we conclude that your conduct impacts on our name or reputation; or
(c) where we conclude that your conduct violates our rights or those of another party, including the Vendor.
(d) Where your registration information is inaccurate, misleading, false or otherwise harmful to any third party in any way
(e) where you are not the owner of the property registered.
4. SERVICES AND OBLIGATIONS - VENDORS
4.1 As a registered vendor member of HomeSellerGuide, you acknowledge and agree that you are required to submit various forms of personal information and information related to the property you wish to sell or rent-out which will be read and assessed by HomeSellerGuide ("Submission").
4.2 In providing such information to HomeSellerGuide, you must provide correct, accurate and honest details of the property in which you, in good faith, plan to sell or rent-out.
4.3 HomeSellerGuide shall then assess the information provided by you to select certain real estate agents who, in HomeSellerGuide's opinion meets the requisite skills, knowledge and ability to effectively facilitate the sale or rental of your property.
4.4 You agree that HomeSellerGuide will provide details of your Submission to various real estategents and will request information from such Agents in respect of facilitating the sale or rental of the property.
4.5 HomeSellerGuide will provide you with the outcome of research on real estate agents based on your Submission (where such analysis shall be at the sole discretion of HomeSellerGuide), after which you may decide, at your own discretion which real estate agent to contact, interview and potentially contract with in respect of facilitating the sale or rental of your property.
4.6 You agree that the selection process in respect of real estate agents presented to you are based on the opinion of HomeSellerGuide only, based on the research HomeSellerGuide undertakes and, accordingly, HomeSellerGuide has no responsibility, liability nor obligation in respect of your selection of a real estate agent in respect of the sale or rental of your property.
4.7 You acknowledge and agree that HomeSellerGuide will receive a fee from the real estate agent that you selected to sell or rent-out your property (via your interaction with the Website and other communication means) upon the sale or rental of such property. Please note that only the real estate agent is required to pay the referral services fee to HomeSellerGuide and you have no liability toward HomeSellerGuide in this regard.
4.8 HomeSellerGuide makes no warranty or representation, express or implied, as to the fitness for purpose or suitability of the real estate agent for your needs as a vendor. The information we provide is merely a reference tool to empower you to make your own decisions.
4.9 This clause is material and essential to these Terms and Conditions.
5.1 HomeSellerGuide operates as an independent third party facilitator in respect of any transaction and communication between members of HomeSellerGuide and their real estate agents and we remain independent from any advice, content, correspondence, information or representations given therein by either the real estate agent or you as vendor or possible landlord. Agents and vendors engaging the Services of HomeSellerGuide shall undertake full responsibility for the decision to engage with such real estate agents.
5.2 The services, advice, information, suggestions and opinions provided by any party via the Website is strictly that party's own.
5.3 As a result of both 5.1 and 5.2, HomeSellerGuide takes no responsibility for the quality, safety or legality of the services, correspondence, monies, information and/or opinions provided by the real estate agent or you as vendor, or the accuracy, truthfulness or reliability of the information supplied by the real estate agent or vendor. The information is provided to you "as is" and on an "as available" basis and on the condition that you undertake all responsibility for assessing and considering the accuracy of the content and rely on it at your own risk.
5.4 HomeSellerGuide is not a real estate agent and we do not act for you as vendor in the sale or rental of your land or property.
5.5 HomeSellerGuide is in no way party to and will not be liable for or have any relationship with enforcing any agreement made between the vendor and the real estate agent whom you appoint or contract with.
6. USE OF THE WEBSITE
6.1 The Website may thus contain material or content uploaded, posted, emailed or otherwise electronically transmitted (posted) by users of the Website, including you or other real estate agents (Content).
6.2 HomeSellerGuide reserves the exclusive right, in relation to our website:
- to access or examine any Content; and
- at our discretion, move, remove or disable access to Content which we consider, in our sole opinion, to be unacceptable or otherwise breach any law.
6.4 By using and accessing the Website, you agree that you acknowledge that all communications are public and not private communications and you are solely responsible for any User Content posted by you and HomeSellerGuide assumes NO responsibility or liability arising from the content of any such Content.
6.5 By using and accessing the Website, you agree that you will not do any of the following:
- post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, vulgar, pornographic, profane or indecent Content;
- post, communicate or transmit content which violates or infringes the rights of any other person or party or infringes any law;
- stalk, harass, or otherwise harm others;
- inhibit or restrict any other use from using the Website;
- post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
- post any Content that contains a survey, contest, pyramid scheme or any improper question;
- delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
- post, download or communicate any file or material posted by another user of the Website, if you know, or reasonably ought to know, that the file or content cannot legally be downloaded or communicated in that matter;
- interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
- post, communicate or transmit any file which contains viruses, worms, "Trojan horses" or any other harmful, contaminating or destructive features;
- access or attempt to access information resources you are not authorized to use;
- collect or store personal data about other users of the Website;
- impersonate or falsely represent your association with any person or organization; or
- attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
6.6 You acknowledge that HomeSellerGuide has no responsibility or liability for the deletion or failure to store any communications or content posted on the Website.
6.7 You acknowledge that HomeSellerGuide may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
6.8 HomeSellerGuide does not warrant that functions contained in the Website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that HomeSellerGuide or our hosting server, are free of viruses or bugs.
7 USER LICENSE AND CONSENT
7.1 You represent and warrant that all Content that you supply to us or provide over the Website and other communication means is true, accurate and not confidential to or is not a trade secret or owned by any other person.
7.2 You represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
7.3 You warrant that all Content posted by you is owned by you and our use of such Content does not infringe or violate intellectual property rights or any other rights of any third party. You license us to use, modify, adapt, publish, display, sublicense, create derivative works from and incorporate in other works any Content posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this license.
7.4 You indemnify HomeSellerGuide against any and all legal fees, damages and other expenses that may be incurred by HomeSellerGuide as a result of a breach of the above warranties.
7.5 To the fullest extent of the law, you waive any moral rights in your Content for the purposes of its submission to and publication on the Website.
8. THIRD PARTY CONTENT & LINKS
8.1 The Website may include links to third party sites which are not related to HomeSellerGuide and in relation to which HomeSellerGuide has no control or interest. The appearance of those links on this site does not indicate any relationship between HomeSellerGuide and that third party or any endorsement by HomeSellerGuide of that third party, its site or the products or services which it is advertising on the Website.
8.2 The information on the Website is provided 'as is', without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk.
9.1 You agree to defend, indemnify and hold harmless HomeSellerGuide, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website, or resulting from, or alleged to result from, your use of the Website, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
9.2 You further agree to defend, indemnify and hold harmless HomeSellerGuide, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with any dealings you have or instigate with any, Vendors, Agents, Agencies and any other third parties.
11.1 These Terms and Conditions constitute the entire agreement between us and you in relation to the Website and your use of the Website supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
11.2 The real estate agent will keep all information it receives and collects in respect of the vendor confidential. Notwithstanding the forgoing, the real estate agent however may need to disclose such information if required to do so by law, regulation or order of a court of competent jurisdiction only.
11.3 The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the Services.
11.4 These Terms and Conditions are governed by the laws of the New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of New South Wales.
11.5 If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
11.6 If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.