Negotiagent Site Visitor Terms and Conditions
YOUR ACCEPTANCE OF TERMS AND CONDITIONS
- The Website http://negotiagent.com.au and any other services provided in conjunction with the Website, are owned and operated by Negotiagent Pty Ltd ACN 620 268 582 (“Negotiagent”). Any reference to “Company”, “we”, “us” and “our” in these Terms and Conditions refers to Negotiagent and/or its subsidiaries and affiliates.
- These “Terms and Conditions” govern your use of the website at www.negotiagent.com.au (“Website”).
- Please carefully read these Terms and Conditions before you use the 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.
- By using, visiting, accessing this Website or otherwise registering, you are indicating that you have read, understood and accept to be bound by these Terms and Conditions.
- We may revise these Terms and Conditions by updating the Terms and Conditions on the Website. The revised Terms and Conditions will take effect upon notice to you, which we may provide to you electronically by posting on the Website, sending by e-mail, user notification via website or app, or any other means.
- “Agent” refers to real estate sales representatives, agents or principals who hold necessary licences issued by the appropriate Australian regulatory authority. “Seller” refers to the owner or representative legally authorised to sell a property, seeking an agent representative to sell that property. “Lead” refers to a Seller’s property information and request for bids to Agents.
USE OF CONTENT AND INTELLECTUAL PROPERTY
- All intellectual property in relation to the Website (including the content on the Website, the functionality of the Website and the software, design, text, data, algorithms, including, without limitation, text, graphics, images, logos, brands, trade marks, button icons, software, look and feel, information, content, sounds, music, video, audio, text, layout, compilation, arrangement, assembly and organisation thereof and any other Website content (collectively “Content”), are protected under both Australian and foreign copyright, trademark and other laws. All such rights are reserved. All Content is the property of the Company or its content suppliers or clients.
- Negotiagent retains all rights, title, and interest in and to the Website and the Content, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated herein.
- You agree not to copy or adapt the HTML code that the Company creates to generate any Content, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on, or functionality in, the Website.
- 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.
- The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, unless prior written consent is obtained from us.
WEBSITE SECURITY RULES
- Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
- accessing data not intended for such user or logging into a server or account which the user is not authorised to access,
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation,
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Violations of system or network security may result in civil or criminal liability. The Company will investigate any activity that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- Users are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
ACCEPTABLE WEBSITE USE
- Users may not use the Website in order to transmit, distribute, store or destroy material, including without limitation:
- in violation of any applicable law or regulation;
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or
- that is defamatory, obscene, threatening, abusive or hateful.
- The Website may contain material, data or content uploaded, posted, emailed or otherwise electronically transmitted by users of the Website, including Sellers and Agents (“Material“).
- Negotiagent reserves the exclusive right, in relation to our Website:
- to access or examine any Material; and
- at our discretion, move, remove or disable access to Material which we consider, in our sole opinion, to be unacceptable or otherwise breach any law.
- By using and accessing the Website or the services, you agree and acknowledge that all communications on or though the Website are public communications and you are solely responsible for any Material that you post. Negotiagent assumes no responsibility or liability arising from any such Material.
- 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 Material;
- 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 user 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 Material that contains a survey, contest, pyramid scheme or any improper question;
- 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;
- access or attempt to access information resources you are not authorised to use;
- collect or store personal data about other users of the Website;
- impersonate or falsely represent your association with any person or organisation; or attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website (including any source code or algorithms).
- You acknowledge that Negotiagent has no responsibility or liability for the deletion or failure to store any communications or Material posted on the Website.
- Negotiagent makes no warranty, representation or promise as to the availability of the Website. You acknowledge that Negotiagent may, in our sole discretion and without notice, vary, suspend or discontinue, temporarily or permanently, any or all of the Website or the Services and you agree we are not liable to you or any third party for such variation, suspension or discontinuance.
- Negotiagent does not warrant that functions contained in the Website, any hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Negotiagent or our hosting server, are free of viruses or bugs.
THIRD PARTY CONTENT & LINKS
- The Website may include links to third party sites which are not related to Negotiagent and in relation to which Negotiagent has no control or interest. Where the Website contains links or references to third party sites, products, services and resources provided by third parties these are not as an endorsement, recommendation or guarantee by the Company of the contents on such third-party sites. The Company is not responsible for, and has no control over, the content of those sites products, services and resources and the Company does not make any representations or warranties, nor accept any responsibility, regarding them or for any loss or damage that may arise from your use. You use the information and links at your own risk.
- Negotiagent may be used by Sellers and any other representative of a property legally entitled to sell that particular property. Agents may also use Negotiagent. When Agents claim their free profile, sign up for a free profile or register as a member, they must sign up to the Company’s separate Agents Terms and Conditions, which at a minimum requires the Agents to hold a licence issued by the appropriate regulatory authority in an Australian state or territory.
- The Website is a passive platform or marketplace, providing users with the ability to access information and proposals from Australian Agents and communicate with chosen Agents. The website may also provide access to real estate information and related information. Negotiagent is an independent facilitator and is therefore not involved in transactions between Agents and Sellers. Accordingly:
- Any relationship between Agents and Sellers (or other users of the Website) is strictly between such parties and not the Company. The Company is therefore not involved in any way with advice, content, information or representations given within such a relationship.
- You take full responsibility for the decision to access Agents, and rely on their information, via the Website.
- Agents chosen by Sellers or provided to Sellers through the Website are the providers of real estate advice, services, information and suggestions and the Agents’ opinions are solely their opinions; the Company does not provide such information or opinions.
- We take no responsibility for the quality, standard, safety or legality of the services, correspondence, monies, information and/or opinions provided by the Agents or you as the Seller, or the accuracy, truthfulness or reliability of the information supplied by the Agent or Seller. We encourage Sellers to use the Website to gather relevant information on Agents to make a more informed choice, exercise a high standard of care and independently verify Agents’ identities before revealing their identity or booking a meeting with an Agent.
- Agents and Sellers are not our employees or agents and we assume no responsibility for any act or omission of any of the Agents or the Sellers.
- Negotiagent is in no way party to and will not be liable for enforcing any agreement that was made between an Agent and a Seller and Sellers will be solely responsible for any agreement made with Agents.
- The Company does not independently verify the information provided by Sellers or the identity of Sellers. The Company does not evaluate each property made available through the Website by a Seller.
- All Agents are contacted prior to publication of their basic public profile and given the ability to opt-out of the Website. If you are an Agent and would like to opt-out you can do so by writing to: [email protected].
- Detailed information, beyond basic photo, agency, name and office suburb address on Agent profiles is provided solely from contributions by the Agent or their approved representatives. The Company does not make any representation or warranty with respect to the subject matter of such profiles or its reliability, adequacy, currency, accuracy or completeness. Such information should not be regarded a substitute for real estate advice and you should make your own enquiries and seek independent advice before acting or relying on said information. 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. Agent profiles do not imply an endorsement by the Company and the Company makes no representations either expressly or implied concerning such Agents and their services. Though the Company does not moderate, screen or edit Agent profiles, the Company reserves the right to amend or remove such content where it considers it to be illegal, false or misleading, defamatory, inappropriate, compromising of the integrity of the Website or otherwise in breach of its content standards.
- Agents are obliged to keep all information received or collected from a Seller confidential. However, the Agent may need to disclose such information if required to do so by law, regulation or by order of a court of competent jurisdiction only.
- While Negotiagent asks Agents not to contact Sellers outside the Website or platform, we cannot warrant that Agents will not contact you directly, based on local area knowledge. If an Agent does contact you directly we ask that you inform us immediately so we can take appropriate action.
- In order to receive online personalised pitches from Agents you must provide your contact details and sign up for a free registration with Negotiagent.
- All services are free for Sellers and participating Agents agree to a fee to express interest in your Lead.
As the Agents will be investing time and money in your Lead, you agree:
- you shall provide us with accurate, complete and updated information including your contact details and property details;
- You may cancel your registration at any time via your dashboard or by notifying us via email at [email protected]. We will attempt to cancel your registration within 30 days of our receipt of your request.
- Negotiagent reserves the right to verify all potential Sellers in order to maintain quality of the Website and may contact you by telephone or email to verify that your registration information is accurate and correct.
- Negotiagent reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons:
- breach of any applicable law or breach of any of the Terms and Conditions
- where we conclude that your conduct adversely impacts our name or reputation;
- where your registration information is inaccurate, misleading, false or otherwise harmful to any third party in any way; or
- where you are not the owner of the property registered.
- You agree that Negotiagent will send your Lead to a selection of Agents, without revealing your surname or street address.
- In the event of any breaches of clauses 3.1 or 3.2, Negotiagent reserves the right to suspend or delete you from our database, remove or suspend your free profile and cease sending you Leads.
- You acknowledge and agree that Negotiagent charges Agents a fee when you shortlist them as a Favourite Agent, but that your contact information will remain confidential unless otherwise stated and/or until you agree to reveal your contact and personal details to a chosen agent/agents.
- Negotiagent makes no warranty or representation, express or implied, as to the fitness for purpose or suitability of the Agent for your needs as a Seller. The information we provide is merely a reference tool to empower you to make your own decisions.
REGISTRATION AND PASSWORD
- When you seek pitches from Agents you will be asked for certain information, including, without limitation, a valid email address and phone number, your (Information). You agree to provide accurate and complete Information and to keep us updated on any changes.
- All users are responsible for maintaining the confidentiality of information, user identification name, password or any other piece of information as part of our security procedures, including log-in information.
- You agree to immediately notify the Company of any unauthorised use of your log-in information. Notice provided by you in these circumstances does not release you from your responsibilities under these Terms and Conditions. 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.
- We have the right to disable any log-in information at any time, and for any reason whatsoever.
- As a Seller, you agree not to:
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
- post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, pornographic or embarrassing to another user or any other person or entity;
- post advertisements or solicitations of business;
- post chain letters or pyramid schemes;
- impersonate another person; or
- post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
- The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
- The Company has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, 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.
- The Company reserves the right to expel users and prevent their access to the Website and the right to remove communications that are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate.
- By submitting Material to any area of the Website you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Material. You also warrant that the holder of any rights, including moral rights in such Material, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such Material for personal use.
- We will only provide Seller’s contact details without consent if required to do so by law, regulation or by order of a court of competent jurisdiction only.
- The Company will not be held liable for any accidental or unlawful breach of seller data but will take reasonable measures to keep data confidential. You agree to defend, indemnify and hold harmless Negotiagent, 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 a breach of Seller’s contact details.
USER LICENSE AND CONSENT
- You represent and warrant that all Material 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.
- You represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
- You warrant that you own all Material posted by you and our use of such Material 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, exploit, sublicense, create derivative works from and incorporate in other works any Material 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.
- You indemnify Negotiagent against any and all legal fees, damages and other expenses that may be incurred by Negotiagent as a result of a breach of the above warranties.
- To the fullest extent of the law, you waive any moral rights in your Material for the purposes of its submission to, publication on the Website and use by Negotiagent.
- You agree to defend, indemnify and hold harmless Negotiagent, 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.
- You agree to defend, indemnify and hold harmless Negotiagent, 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 Agents, agencies and any other third parties.
LIMIT OF LIABILITY
- You recognise that any contract for the supply of real estate services shall be solely between you and the Agent, and not Negotiagent.
- Notwithstanding anything to the contrary in these Terms and Conditions, in no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits or contracts, goodwill, loss of income or revenue, loss or interruption of business, loss of bargain or opportunity or loss of anticipated savings resulting from your access to, use of, or inability to use the Website and the Material or the results of the use of the Website, any websites linked from it and any materials posted on or via it, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage or loss. Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one hundred Australian dollars (AUD$100).
- The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following:
- Posting any incomplete, false or inaccurate biographical information or information which is not your own.
- Agents and any related bodies corporate, affiliates and joint venture partners, and any directors, employees or agents of such entities are prohibited to register on the Website as Sellers. Agents who register as Sellers will be excluded from using the Website and will be seen as breaching these Terms and Conditions. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Website and immediate termination of your registration or ability to access the Website and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Website. The Company also has the right to inform other users of any breach.
- Agents who contact Sellers directly outside the Website, when Sellers have chosen not to reveal their personal details, including address, phone number, email and any other information, may be suspended, have their account terminated or be permanently banned from using the Website, at the sole discretion of the Company.
- Deleting or revising any material posted by any other person or entity.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
- Taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure.
- Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
- Aggregating, copying or duplicating in any manner any of the Content, Material or information available from the Website.
- Framing of or linking to any of the Content, Material or information available from the Website.
- Violating any applicable State, Commonwealth or International Law, convention or regulation.
- Harassing any individual or breaching the National Privacy Principles as set out by the Privacy Act 1988 (Cth).
- These Terms and Conditions constitute the entire agreement between us and you in relation your use of the Website and the services, and these Terms and Conditions supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the services.
- 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.
- These Terms and Conditions are governed by the laws of Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Western Australia.
- If any of these Terms and Conditions is invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
- 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.
- The failure by the Company to insist upon or enforce strict performance of any of these Terms and Conditions shall not be construed as a waiver of any right or remedy of the Company in respect of any existing or subsequent breach of these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.
- The Website is available only to people who can form legally binding contracts under applicable law.
- You agree not to resell or assign your rights or obligations under these Terms and Conditions. You also agree not to make any unauthorised commercial use of the Website.
- You are not a partner, agent, employee or representative of the Company and neither party has the power to incur any obligations on behalf of the other party.
TERMINATION OF USERS
- The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to, deletion of your postings from the Website and immediate termination of your registration with or ability to access this Website and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Website or other website registration.
- As a condition to your use of the Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to the Website of any users, who are repeat infringers of the copyright, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
- Agents who contact Sellers outside of the Website, when the Sellers have chosen not to be identified, will have their accounts immediately suspended and may be permanently banned from the Website, at our discretion. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
- The Company shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, a significant demand placed on the Company’s Website that results in a failure to function correctly, internet or telecommunications interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.