Terms and Conditions

MARKETBUY.COM.AU TERMS OF USE

These Terms and Conditions ("Service Terms") are applicable to marketbuy.com.au websites (including www.marketbuy.com.au or any other website where these Service Terms are posted) ("Websites"). In addition to the Websites, these Service Terms are also applicable to all marketbuy.com.au tools, applications (including mobile applications), and other services. Collectively, we call all these Websites, tools, and applications "Services." Please read this document carefully as it is a legally binding agreement between you and your heirs and representatives (collectively, "you"), and marketbuy.com.au ("we," "our," or "us").

For these Terms and Conditions "we", "our" and "us" refer to Davlees (Vic) Pty Ltd as Trustee For The Stewart Family Trust (ABN 92 583 271 583) & marketbuy.com.au. Our trading address is 17-19 Exeter Road, Croydon North, 3136.

We've included some annotations below certain sections that are not part of the agreement itself, but are intended to highlight important points and help you follow the text.

1. ACCEPTING THE SERVICE TERMS AND CHANGES TO THE SERVICE TERMS

By accessing or using the Services, you are agreeing to these Service Terms and entering into a legally binding agreement with us. If you do not agree to the Service Terms, you may not use the Services or create an account.

As our business grows and improves, we may from time to time change these Service Terms and will post a revised copy on this page. We encourage you to check regularly for any updates. If we make any material changes to these Service Terms, we will notify you via email or on the Services as appropriate. Otherwise, your continued use of the Services following such changes will constitute your acceptance of the new terms.

By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We may make changes to this agreement from time to time, so be sure to check this page regularly.

2. RIGHTS OF THE USERS

Our Services are designed to assist real estate agents and potential purchasers with the offer process on private sales.

You acknowledge that:

(a) This is not an auction website.

(b) We merely facilitate a way for potential purchasers to submit offers to the vendor’s real estate agent.

(c) Any outcome created by this website does not form a Contract of Sale and, therefore, is not binding upon the potential purchaser, the vendor or real estate agent.

(d) A Contract of Sale will only become binding when a Contract of Sale is executed by the vendor and purchaser (subject to any conditions and applicable laws).

(e) A prospective purchaser’s offer may be subject to finance, subject to:

a. a building inspection; or

b. a pest inspection; or

c. subject to other conditions

as agreed by the vendor from time to time.

(f) Cooling off periods will apply to Contracts of Sale in some jurisdictions.

(g) The vendor is not obliged to accept the highest offer or any offer submitted by this process.

3. ELIGIBILITY AND REGISTRATION

You must be at least 18 years old to use the Services. You may choose to create an account and provide certain information, including a valid email address and a password. If you want to participate in a sales event, you will have to register with us. You agree to provide accurate and truthful information and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorised use of your information. You may not share your password with unaffiliated third parties.

4. FURTHER CONDITIONS FOR POTENTIAL BUYERS (REFUNDS AND RETURNS)

A valid credit card is required to be registered with us in order for you to use our Services.

When you register with us you may be required to enter your credit card details. You authorise us to pre-authorise a nominated amount as determined by the registration page (usually $1,000.00) from your credit card. If you are the highest offeror when the offer process is completed, the pre-authorisation will be captured.

Your captured pre-authorisation can be used as part payment of your deposit when you execute a Contract of Sale.

If your offer is not accepted, your pre-authorisation will be voided, please allow up to 3 days for processing.

If your offer is accepted you will be asked to execute a Contract of Sale within a time stipulated by the vendor, normally one business day.

5. INTELLECTUAL PROPERTY

All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are copyrighted by us, and are protected by Australian and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of our content without our express prior written permission is strictly prohibited.

You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.

You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.

The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your own web design skills to put "frames" around our Websites and pretend they are yours. You also can't link to our Websites from websites that contain content we would find objectionable.

Copyright of materials present on this web site vests in Davlees (Vic) Pty Ltd as Trustee For The Stewart Family Trust (ABN 92 583 271 583).

6. YOUR LICENCE TO USE THE SERVICES

The Services are owned exclusively by us. However, we grant you a limited, non-exclusive, non-transferable licence to access and use the Services only as expressly permitted in the Service Terms. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Service Terms. Any violation by you of these licence provisions may result in the immediate termination of your right to use the Services. We reserve all right, title and interest not expressly granted under this licence to the fullest extent possible under applicable laws.

We own the Services, but allow you to use them only in accordance with the Service Terms. If you don't follow those rules, we may terminate your right to use the Services.

7. SERVICE RULES

There are a number of rules you must follow to use the Services. You agree not to use the Services in any way that:

  • Violates these Service Terms;
  • Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services;
  • Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
  • Creates any derivative works from the Services;
  • Competes with our business or impacts our revenue;
  • Impairs our computer systems or transmits software viruses, worms, or other harmful files.
  • Interferes with any other party's use and enjoyment of the Services;
  • Attempts to gain unauthorised access to the Services;
  • Uses any part of the Services in unsolicited mailings or spam material;
  • Violates any third party's rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary right;
  • Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, or submits or transmits pornography; or
  • Violates any laws.

8. YOUR CONTENT AND SUBMISSIONS

You are solely responsible for all content that you post or otherwise submit to the Services, and acknowledge that once published, such content cannot always be withdrawn. Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates, a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form.

You represent and warrant that you own or otherwise control all of the rights to the content you submit and that it will not violate the Service Terms or cause injury to any other person or entity. We take no responsibility and assume no liability for any material, content, opinion, recommendation, or advice submitted by you or any third party. We have no obligation to post any content you provide, and reserve the right to post our own versions of that content (including, but not limited to, photos of properties or property descriptions) instead of yours in our sole discretion.

You assign us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorisation, and in violation of the Service Terms, scraped, copied, or distributed content from the Services that has been provided to us by you and for which you have not granted such third parties a separate licence to use.

You are responsible for anything you submit to the Services and agree that we do not have to post or keep posted anything you provide. Once you post information on the Internet, it is not always possible to remove, especially if multiple copies exist. When you upload content to the Services, you're giving us permission to make it available in a variety of different ways (for example, in promotional materials). If a third party uses content you provided in a way that violates these Service Terms, you agree that we can take legal action against the third party.

9. REPORTING COPYRIGHT INFRINGEMENT

We have adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders of marketbuy.com.au's Services who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you must do all of the following in your written Notice for it to be valid:

1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.

2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including (if the Content is on our website) the URL of the link shown on the website where such material may be found.

3. Include your mailing address, telephone number, and, if available, email address.

4. Include both of the following statements in the body of the Notice (if these statements are untrue, you cannot submit the Notice):

  • "I have a good faith belief that the disputed use of the copyrighted material is not authorised by the copyright owner, its agent, or the law (e.g., as a fair use)."
  • "The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to marketbuy.com.au:

17-19 Exeter Road
Croydon North
Victoria 3136

You can leave a message for us at (03) 8727 0333, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above.

Use exactly the procedure described here to notify us of alleged copyright infringement on the Services.

10. DISCLAIMER OF WARRANTIES

You agree that your use of the services is at your sole risk and acknowledge that all information contained in the services is provided "as is" and "as available," and that we disclaim all warranties, either express or implied, as to the services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.

We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.

You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available, auction events, times and locations, relevant auction terms, and other matters which may be made available by us or our clients.

Some of the available content, services, and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services, or information. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.

You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume responsibility for. For example, we don't check the accuracy of content on the Services, so use it at your own risk. In particular, YOU are responsible for performing your own diligence on properties available for sale on the Services and you agree not to rely solely on the information available on the Services in making decisions about these properties.

11. LIMITATIONS OF LIABILITY

You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on marketbuy.com.au comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is being offered.

We do not accept liability of any misdescription for the posting, nor any unlawful, threatening, abusive, defamatory, obscene or indecent information or material of any kind which breaches or infringes upon the rights of any third party, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

While we will use reasonable efforts to maintain an uninterrupted service, we do not guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied. We are not liable for any loss or damages arising out of your use of Our Services.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the twelve months prior to the action giving rise to liability, and (b) Two Hundred Australian Dollars.

Under no circumstances, including but not limited to negligence, shall we, our subsidiaries, or affiliates be liable to you or any third party for direct, indirect, incidental, consequential, special, punitive, or exemplary damages, arising from use of or inability to use the services, including those caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure in connection with your use of the services, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

12. WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and us concerning your use and access to our Services and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

13. EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

14. GOVERNING LAW AND JURISDICTION

These Terms of Use, and your use of our Services, will be governed by and construed in accordance with the laws of Victoria, Australia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

15. INDEMNITY

You will fully indemnify us in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings in each case of any kind and howsoever arising, in connection with any breach of these Service Terms by you, unauthorised use of the Website or Content by (or allowed by) you, or your communications with us (including any uploading by you of Content).

16. FURTHER CONDITIONS FOR REAL ESTATE AGENTS

You must be a Licenced Real Estate Agent or Licenced Real Estate Agency to list a property on our website.

We charge a fee for our services. You will be able to review and accept terms that at the time you post your advertisement.

Our fees are quoted in Australian Dollars and we may change them from time to time. We may choose to change our fees for promotional events or new services. These changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they are due. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You agree not to post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark. If a third party reports this to us in the correct manner, properties infringing on property rights of third parties will be removed by us.

It is your responsibility to ensure that all relevant documents, including Contracts of Sale (and Vendor’s Statements where applicable) are uploaded with your application.

Copyright Davlees (Vic) Pty Ltd 2015 ©