Terms and Conditions
FORSALEBYOWNER.COM.AU PTY. LTD. (the “Company”) provides the services offered on the FORSALEBYOWNER.COM.AU website (the “Services”) to you, subject to and under the following Terms and Conditions (the “Terms” or the “Agreement”). YOU MUST AGREE TO THESE TERMS AS A CONDITION OF USING, PURCHASING, OR ENJOYING THE SERVICES. BY PURCHASING, USING, OR ENJOYING THE SERVICESOF THE COMPANY, YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM, WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE SERVICES AND YOUR USE AND ENJOYMENT OF THE SERVICES ARE EXCLUSIVELY GOVERNED BY THESE TERMS, AND THESE TERMS CANNOT BY MODIFIED BY YOU. YOU ALSO AGREE AND ACKNOWLEDGE THAT NO SIGNATURES ARE REQUIRED IN CONNECTION WITH THE TERMS FOR YOU TO BE FULLY BOUND BY THEM.
In these Terms, “Website” refers to FORSALEBYOWNER.COM.AU. “You” refers to users of the Website. “Customers” refers to users who purchase any product or Service on the Website, including without limitation listing their properties on the Website. The words “we,” “us,” and “our” refer to the Company, the owner and operator of the Website. You agree that we may terminate your user access to the Services and your Customer Account and password, or remove and discard any content posted by you on or through the Services, with or without notice to you, if we believe that you have violated or acted inconsistently with these Terms. In these terms and conditions, FORSALEBYOWNER.COM.AU, FORSALEBYOWNER.COM.AU PTY. LTD. the Company and the Website may at times be used interchangeably.
1.Access and Registration. If you open an Account on the Website, you accept responsibility for all activities that occur under your Account. The account will be active until the property is sold or for 12 months from registration whichever comes first. Each payment of the “Essential Fee” is for one property only. Once that property is published the address can not be changed.
2. Customer Listing, Password, and Security. Customers that list their property on the Website as sellers, are given access to back-end portal for uploading purposes via a user name and password. Customers are responsible for maintaining the confidentiality of their user name and password. You, as a Customer, are solely responsible for all activities that occur under your user name and password. As a Customer, you agree to immediately notify us of any unauthorized use of your account or any other breach of security related to the Services. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION. You, as Customer, agree that we may terminate your Account if it remains inactive for a period of one (1) year.
3. Customer Responsibilities. In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your Account, including the accuracy and completeness of all content that you submit, post or transmit through the Services. You agree and acknowledge that your access to and/or use of the Services are for personal, NON COMMERCIAL PURPOSES only. That is, you agree and acknowledge that your use of the website and Services is to advertise your own property or to find information related to the purchase or potential purchase by you of a home listed on the Website. Other than providing links to virtual tours of your property, YOU MAY NOT INCLUDE A LINK TO ANY WEBSITE IN YOUR LISTING.
4. We Do Not Provide Real Estate Services to You.The Company or its affiliates may refer independent real estate professionals, brokers, or agents to you and/or Customers; however, the Company does not itself engage in real estate broker services on your behalf.
5. Placement on Other/Third-Party websites. The Plans offered provide that we will submit your property listing information to other/third-party websites for inclusion on those other/third-party websites. YOU ARE NOT PURCHASING A LISTING WITH THESE OTHER/THIRD-PARTY websites AS PART OF THE FEE THAT YOU PAY TO THE Company. To the contrary, we submit your property listing information to other/third-party websites for inclusion on those other/third-party websites as part of the Services. IF, HOWEVER, A THIRD-PARTY website REJECTS YOUR PROPERTY LISTING FOR ANY REASON, YOU HAVE NO RECOURSE AGAINST THE COMPANY. In addition, the particular other/third-party websites to which we will submit your property listing information are subject to change without notice to you. IF YOU OBJECT TO ANY CHANGES TO THE LIST OF OTHER/THIRD-PARTY websites TO WHICH WE WILL SUBMIT YOUR PROPERTY LISTING INFORMATION, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. Moreover, websites owned or operated by third parties are not under our control. Accordingly, we cannot guarantee that your property listing information (including images) associated with your property listing will appear on any particular third-party website or will appear in a certain way on such third-party website. Further, we are not responsible for any modifications or changes made to third-party websites. YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER CONCERNING CLAIMS RELATED TO (i) THE SUBMISSION OF YOUR PROPERTY LISTINGS INFORMATION TO OR (ii) THE USE, DISPLAY, OR MODIFICATION OF YOUR PROPERTY LISTING INFORMATION ON OR BY THIRD-PARTY websites. YOUR SOLE AND EXCLUSIVE REMEDY FOR SUCH CLAIMS SHALL BE TO CEASE USING THE SERVICES.
6. How to Remove Your Listing/Cancel Your Ad Online. If your property sells, you must remove your listing from the Website and/or cancel your ad. Removing your property listing from the Website or cancelling your ad can be done by phoning us or contacting us at support(@)forsalebyowner.com.au.
7. Valuation and Property Reports. Valuation and Property Reports are provided by a third party, and are included with certain packages or may also be purchased separately. The Valuation Report attempts to provide an estimated market value of a property, as well as a minimum and maximum price range. The Valuation and Property Reports may also provide data for the area around your property, which may include the median and average sales prices for the area. The Valuation and Property Reports that are available are based on public record information. However, a Valuation or Property Report may not be available for all properties or all areas. MOREOVER, THE VALUATION AND PROPERTY REPORTS PROVIDED ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS, WITH NO WARRANTY OR GUARANTEE AS TO ITS ACCURACY, COMMERCIAL VALUE, MERCHANTABILITY OR FITNESS FOR USE IN A REAL ESTATE TRANSACTION.
8. Refunds in General. The Companyoperates a no-refund policy. If you are unhappy with any of the services you have signed up for ,YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.
9. Technical Problems or Computer/Browser Requirements. YOU WILL NOT RECEIVE ANY REFUND FOR TEMPORARY TECHNICAL PROBLEMS WITH THE website (INCLUDING WITHOUT LIMITATION NOT BEING ABLE TO LOG IN TO YOUR ACCOUNT OR NOT BEING ABLE TO UPLOAD PHOTOS) THAT REMOVE YOUR PROPERTY LISTING, CHANGE YOUR PROPERTY LISTING, OR CAUSE YOUR PROPERTY LISTING NOT TO BE DISPLAYED. YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A TEMPORARY SERVICE FAILURE. MOREOVER, YOU ARE NOT ENTITLED TO ANY REFUND BASED ON A FAILURE TO VIEW YOUR PROPERTY LISTING THAT IS DUE TO YOUR COMPUTER’S OR YOUR BROWSER’S FAILURE TO MEET MINIMUM BROWSER AND OPERATING SYSTEM REQUIREMENTS OF THE WEBSITE YOU ARE ALSO NOT ENTITLED TO ANY REFUND BASED ON ANY PROBLEM DUE IN WHOLE OR IN PART TO YOUR COMPUTER OR PERIPHERAL DEVICE.
10. ‘For Sale’ Signs and Related Products. THERE ARE NO REFUNDS FOR “FOR SALE” BOARDS OR OTHER PRODUCTS THAT ARE SENT TO YOU.
11. No Refunds Based on Modifications to the Services. THERE ARE NO REFUNDS BASED ON MODIFICATIONS TO THE SERVICES, AS THE COMPANY RETAINS THE RIGHT TO MODIFY THE SERVICES WITH OR WITHOUT NOTICE TO YOU.
12. The Company uses the services of suburb reps to increase awareness of the services offered by the company. These reps are not employees of the Company and are not estate agents. They are there to inform potential clients about the services the company offers. Neither the Company nor the reps can be help be liable for any damage or loss incurred on you relying on any information obtained from these suburbs reps. YOUR SOLE AND EXCLUSIVE REMEDY FOR SUCH CLAIMS SHALL BE TO CEASE USING THE SERVICES.
13. Consent to E-mail Communications from the Company. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by the Company. BY PURCHASING, USING, OR ENJOYING THE SERVICES OF THE COMPANY, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM THE COMPANY.
14. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on the Website, you represent and warrant that: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in these Terms of Service; (2) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; (3) the content will not cause injury to any person or entity; and (4) if you post a property listing that you are the owner of the property and have all necessary rights, title, and interests in such property to list the property for sale. Using a name other than your own legal name is prohibited (except in those specific areas of the Website that specifically ask for unique, fictitious names, e.g., certain message boards and chat rooms).
For all such information and material, you grant the Company, its affiliates and related entities (including all third-party affiliates/partners) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all affiliated websites, to include the information in a searchable format accessible by users of the Website, other Company’s websites, as well as third-party websites, and to use your name and any other information in connection with its use of the material you provide. You also grant the Company the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
15. Termination. You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Services, and remove and discard any information posted by you on or through the Services, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE SERVICES PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Services at any time, subject to the other provisions of these Terms.
16. Disclaimers and Limitation of Liability. While the Company uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the website and assume no liability or responsibility for any error or omission in the such data or information. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. The Company has no responsibility for actions of third parties or for information provided or posted by others.
USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER THE COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATED OR RELATED COMPANIES, NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS MAKE ANY WARRANTY OF ANY KIND REGARDING THE COMPANY AND/OR THE CONTENT CONTAINED THEREIN; THE SERVICES; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; THIRD-PARTY REAL ESTATE BROKERAGE SERVICES; THIRD-PARTY PRE-PAID LEGAL SERVICES; PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE COMPANY OR THE SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THE COMPANY WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
THE WEBSITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL THE COMPANY OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE SERVICES OR ANY ERRORS OR OMISSIONS IN THE SERVICES OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. IN NO EVENT SHALL THE COMPANY OR ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
17. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE COMPANY, ITS PARENT, SUBSIDIARIES, AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING SOLICITORS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE WEBSITE; (2) THE WEBSITE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT, THESE TERMS, OR THE TERMS OF SERVICE BY YOU.
18. Limitations Period. YOU AGREE THAT ANY CLAIM, CONTRIOVERSY, OR DISPUTE WITH THE COMPANY OR ITS SUBSIDIARIES, AFFIATES, OR RELATED COMPANIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF WHEN THE CLAIM, CONTROVERSY, OR DISPUTE AROSE OR FIRST ACCRUED, OR SUCH CLAIM, CONTROVERSY, OR DISPUTE WILL BE FOREVER BARRED.
19. Additional Terms; Modifications to the Terms. We may change the Terms from time to time without prior notification to you. Each time you access the website, you will be governed by the Terms then present on the website and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Services, you will be governed by additional terms, which will appear when accessing such Services. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Services.
20. Modifications to the Services. We reserve the right to modify or temporarily discontinue the Services (or any part thereof) or to permanently discontinue operation of the website with or without notice to you. Modification of the Services can include, but is not limited to, any change to the website or content contained therein, changes to the administrative tools or functionality of the website, modification of the “look and feel” of the website, changes to the format of a property listing or any other part of the website, and the inclusion of advertising links in association with a property listing or other content available on the website. Temporary discontinuance of the Services could be for a variety of reasons, including without limitation technical issues that require or result in short-term Service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the website. IF YOU OBJECT TO ANY MODIFICATIONS TO THE SERVICES, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE SERVICES. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
21. Terms of Service and Privacy Policy. The Terms of Service and Privacy Policy for the Company are hereby incorporated by reference into these Terms, and your agreement to these Terms means that you also expressly agree to be bound by the Terms of Service and Privacy Policy for the Company. For Customers, in the event of a conflict between these Terms, on the one hand, and the Terms of Service and Privacy Policy, on the other, these Terms shall take precedence.
22. Governing Law. These Terms will be governed by and construed in accordance with the laws of Victoria, without regard to its conflicts of law provisions.
23. Miscellaneous.The Terms constitute the entire, exclusive, and final statement of the agreement between you and the Company with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of the Company to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Services, any license(s) you have granted to the Company, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
24. Services Provided by Third Parties. We are not responsible or liable for any products or services obtained by or through any other party. The materials displayed on this site relating to services provided by any other party are advertisements and do not constitute an offer or promise to make a loan or provide any other service by us. There is no endorsement by us of any other party or the products and services made available by or through any other website.
