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1. Acceptance of Terms
1.1 This page states the "Terms and Conditions" under which you may use Agentfindersydney.com.au. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and service.
1.2 By using this website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions, including the Agentfindersydney.com.au Privacy Statement.
1.3 Agentfindersydney.com.au reserves the right to amend these Terms and Conditions at any time by updating this posting. We suggest you visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason. The term "post" as used herein shall mean information that You submit, publish or display on the Agentfindersydney.com.au website (as defined below).
3. The Agentfindersydney.com.au service
3.1 Relationship between Real Estate Agents, Sellers, landlord and Buyers
3.2 Agentfindersydney.com.au Website platform is a gateway to online Real Estate Agent services for Sellers, Landlords, Buyers and users; to request website services, you must register a member’s account. Your contact details will not be made public;
3.3 Real Estate Sales Agents, Property Managements, Buyer`s Agents and Auctioneers are required to have hold all necessary licences issued by the appropriate regulatory authority.
3.4 Agentfindersydney.com.au website is merely a passive platform for on-line information submitted by Real Estate Agents, providing registered user access to Real Estate information. We do not exercise any participation or control over: Agent/User Profiles Therefore;
a) You agree that Agentfindersydney.com.au will submit details of your Form Submission to different real estate agents and will request information from relevant real estate agents that have the ability to effectively facilitate the sale, rent-out or buy a property.
b) As soon as a client accepts to be contacted by a Real Estate Agent, the contact details of the client will be released to the Real Estate Agent. These contact details are then no longer regarded as unsolicited.
c) Any such agreement entered between the Client and Real Estate Agent (or other users) is solely between the Client and Real Estate Agent, and not Agentfindersydney.com.au we will not be liable for enforcing any agreement, and any provisions to the contrary shall be null and void. Users bear sole responsibility for the decision to access such parties, and rely on such content or information, via the Website.
d) the Real Estate Agents, will be sole provider of advice, services, information, proposals and their opinions are solely their opinions, and not endorsed (by us) Agentfindersydney.com.au Website in any way. The information we provide is merely a reference tool to empower you to make your own decisions.
e) Availability of a Real Estate Agent for your request shall be subject to availability. Agents have the right to not accept listings as we retain the right to not prepare submission for sellers, rent-out or buy your own property if we deem it unreasonable.
f) The Real Estate Agents and the Sellers are not our employees or agents and we assume no responsibility for any act or omission of any of the Real Estate Agent or the Sellers. We make no warranty about the standard, quality or accuracy of any advice, suggestions and information (such as the commission of the Real Estate Agent, whether any specific Real Estate Agent is appropriate for your property). Therefore, the user is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Experts from whom he or she receives or contemplates to receive advice or services.
g) When the Real Estate Agents, make a proposal or deals with the client, the Agent acts on the agent`s sole behalf and are not employees of the Agentfindersydney.com.au Website, its owners, or suppliers.
h) Any such agreement entered between the Client and Agent (as the case may be) is solely between the Client and Agent, and the Agentfindersydney.com.au is not a party to such agreement. We will not be liable for enforcing any agreement, and any provisions to the contrary shall be null and void.
I) Each property made available through the Website by a User has not been apprase by the Agentfindersydney.com.au and should be appraised by each Real Estate Agent based on the relevant Seller’s or landlords specific criteria. The Company does not independently verify the information provided by Sellers, landlords or the identity of Sellers and landlords.
3.5 The Company shall not be responsible for any actions (or lack thereof) taken as a result of relying on or in any way using such information.
3.6 Though we do not moderate, screen or edit Agent/User such material, we reserve the right to amend or remove such content where we consider it to be illegal, false or misleading, defamatory, inappropriate, compromising of the integrity of Agentfindersydney.com.au Website platform or otherwise in breach of our content standards.
3.7 You acknowledge and agree that Agentfindersydney.com.au receive a fee from the real estate agent that you selected to sell, rent-out or buy your property (via your interaction with the Website and other communication means) upon the sale, rent-out or buy of such property. Please note that only the real estate agent is required to pay the referral services fee to Agentfindersydney.com.au and you have no liability toward Agentfindersydney.com.au in this regard.
This clause is material and essential to these Terms and Conditions.
4. Permitted use
4.2 You are not permitted to do anything that may affect the security of this Website or any information or material stored within it.
4.3 You agree not to:
a) use any automated tool (such as a spider, robot or aggregation tool) to access, copy or extract such information;
c) Impersonate or create a profile for someone else or entity other than who you represent;
d) use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any Website content;
e) use any method or process to consolidate or combine any Website content with any other content, data, information, images or material;
f) reverse engineer, disassemble or otherwise attempt to construct or identify this Website's source code, formulas or processes;
g) If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
h) use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from this Website;
i) Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other;
j) Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of Agentfindersydney.com.au website, once the clients authorize request contact details to be release to suppliers (real estate agents). This is outside Agentfindersydney.com.au website once you (user) accept contact with the supplier;
k) Harassing any individual or breaching the National Privacy Principles as set out by the Privacy Act 1988 (Cth).
4.4 You are not permitted to use this Website in any unlawful or fraudulent manner.
4.5 You agree that if you provide any information on this Website, that information will be true, accurate and complete.
5. User Information
5.1 When a User registers for the Website, they will be asked to provide the Company with certain information, including, without limitation, a valid email address (your “Information”). The User agrees to provide accurate and complete Information and to keep us updated of any changes thereto.
5.3 The Company reserves the right to offer third party services and products to Users based on the preferences that Users identify upon registration and at any time thereafter; such offers may be made by the Company or by third parties
6. User Submissions
6.1 All User’s are responsible for their own submissions, communications and consequences of their listings.
6.2 In this section ‘Submissions’ and ‘Contributions’, means information including data, text, video, still images, audio or other material that the Company has permitted the User to host, share, publish, post, store or upload on the Company websites as permitted under these terms.
6.3 The Company may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.
6.4 Without limitation to the previous sentence, the Company may remove or disable access to any or all your Contributions if it considers that:
(a) those Contributions are in breach of any law or regulation;
(b) those Contributions infringe the intellectual property rights of any third party;
(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
(d) those Submissions are:
(i) misleading or deceptive;
(ii) inappropriate having regard to the purpose of our websites;
(iii) likely to cause offence;
(iv) materially incorrect;
(vii) otherwise unlawful; or
(viii) corrupted, due to the presence of a virus or other disabling code.
6.5 User’s retain all of their ownership rights in any Contributions or Submissions they make. The Company is under no obligation to treat User Contributions as proprietary information.
To the extent that any Contributions are proprietary in nature, User’s grant the Company a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform User Contributions throughout the world in any medium, whether currently in existence or not. User’s also grant each user of the websites a non exclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform User Contributions as permitted by the Company and these terms.
6.6 Users grant the Company, in respect of Contributions to its website, the right to use a name or the name you submit with the Contribution, and, the right to represent and warrant that:
(a) you own and control all of the rights to the Contributions; or
(b) you have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorise the Company to display the Contributions.
6.7 For any Contributions that you may retain moral rights in, you declare that:
(a) you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
(b) You understand that when accessing the Company website, you may be exposed to the Contributions of other users of the website. Users acknowledge and agree that the Company does not have control of and is not responsible for these other Contributions. Users release the Company from any claims that a User could assert against the Company relating to or in connection with these other Contributions.
6.8 Users represent and warrant that:
(a) they have the lawful right including all necessary licenses, rights, consents, and permissions to use and authorise the Company to display User Contributions; and
(b) Users will not make any Contributions that:
(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by the User;
(ii) are misleading or deceptive;
iii) are materially incorrect;
(iv) are likely to cause offence;
(v) directly or indirectly involve the advertising or marketing of any products or services;
(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material;
(vii) are defamatory;
(viii) are otherwise unlawful or encourage unlawful conduct; or
(ix) are otherwise inappropriate having regard to the purpose of our websites.
6.9 The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. Users acknowledge that any reliance on material posted by other users will be at their own risk.
6.10 The Company acts as a conduit for the online distribution and publication of user-submitted real estate information and listings, and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by Users.
6.11 If the Company is notified by a User of communications which allegedly do not conform to these Terms, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to Users for performance or non-performance of such activities.
6.12 The Company reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive.
7. Registration and Passwords
7.1 Registration is not required to browse the Website but may be necessary if you wish to make use of most features.
7.2 You will be required to register and set up an account in order to obtain access to the property related Services. Where you are required to register:
7.3 The Website shall collect your personal information in an online profile (“Profile”), viewable by you, the Website, and by other members under certain conditions provided in these Terms.
a) you must provide us with accurate, complete and current registration information;
b) you must safeguard any password which we provide to you;
c) access to the Website will be given on the correct entry of a user ID and password;
d) once access is granted, all actions taken will be deemed to be made by you;
e) you must not allow anyone else to use your user name and/or password;
f) you shall be responsible for all uses of your registration, whether or not authorized by You.
g) you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
h) We shall not be liable for any loss that you may incur as a result of someone else using your account or your password, either with or without your knowledge.
i) you may cancel your registration at any time by notifying us;
j) we reserve the right to discontinue or cancel your registration in our sole and absolute discretion without notice to you if you do not visit the Website or use any services for an extended period of time, if you breach any of these terms and conditions or any applicable law, or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.
8.1 Agentfindersydney.com.au does not offer Real Estate, financial, investment or other advice. Nothing on this Website constitutes financial, investment or other advice by us in relation to any product.
8.2 This Website is intended to be used for comparison and research purposes, but Agentfindersydney.com.au is not able to bind any third party provider or ensure that any third party provider sells any product to you. Accordingly, nothing on this Website amounts to an offer by us or any third party provider to:
(a) sell any product to you; or (b) enter into any contract with you.
9. Links to Other Sites
9.1 The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. ("Real Estate Agents") The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
9.3 No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under this Term of Use. You also agree not to make any unauthorized commercial use of the Web Site.
9.4 This Website is intended to be used for comparison and research purposes, but Agentfindersydney.com.au is not able to bind any third party provider or ensure that any third party provider sells any product to you. Accordingly, nothing on this Website amounts to an offer by us or any third party provider to: (a) sell any product to you; or (b) enter into any contract with you.
10. Intellectual property rights
10.1 The word or mark "Agentfindersydney.com.au" however represented, all associated logos and symbols, and any combinations with another word or mark, are the trademarks of Agentfindersydney.com.au or one of its supplies.
10.2 All intellectual property rights in any material or content contained in or accessible via this Website is either owned by Agentfindersydney.com.au or has been licensed to us for use by us.
10.3 You will only make fair use of the trademarks on this Website and will not use them:
(a) as part of your own marks;
(b) in a manner which is likely to cause confusion or damage to the reputation of Agentfindersydney.com.au; or
(c) to identify or imply endorsement or otherwise of products or services to which they do not relate.
11. Exclusions of liability
11.1 This Website, content and services are supplied to you on a strictly “as is” basis and we make no warranties, express or implied, regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error.
11.2 We try to ensure that the information displayed on this Website is accurate, however your access to this Website and any action you carry out on the basis of information you obtain from this Website is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.
11.3 We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
11.4 We aim to provide uninterrupted access to this Website but we give no warranty as to the uninterrupted availability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time.
11.5 We will not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:
(a) your use of, reliance upon or inability to use this Website or content;
(b) the deletion with or without notice or cause of any of your data or information stored on this Website;
(c) any loss of your content or communications resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of this Website at any time;
d) the removal from this Website of any content or communications sent or posted by you on or via this Website;
(e) any circumstance that is outside of our reasonable control; and
(f) any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into our agreement with you.
12.1 You agree to indemnify, hold harmless and defend Agentfindersydney.com.au, our officers, directors, employees, agents, subcontractors, licensors and suppliers from and against all liabilities, loss, damages, claims, costs and expenses incurred by or awarded against Agentfindersydney.com.au (including reasonable legal fees) arising out of or in connection with your use of the Website or your violation of any of these terms and conditions.
13. Contact us
13.1 We may have a number of links on this Website. These may take you to other websites. The purpose of these links is to provide you with easy access to further information you may need in making your purchase decision. In no circumstances do we make representations about the accuracy of any information contained on any other websites. We exclude all liability for any loss, damage, cost or expense you incur in accessing or attempting to access a third party site.
13.1 If you have any questions concerning this Website or the services and products we provide, please contact us.
15. Governing Law and jurisdiction