Terms & Conditions

Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our platform.

To assist You, We have prepared summaries of Our Terms of Use. Our summaries are in the right hand column below. The summaries are not a substitute for reading the operative provisions of Our Terms of Use (i.e those in the left hand column below). The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

Operative Provisions Summary

1. Acceptance and modification of these Terms of Use

1.1. You may only access, browse and use our website platform (including any desktop and mobile versions of it, and any of Our associated smartphone applications) and the services that We make available through Our Platform if You accept these Terms of Use. By accessing, browsing and/or using Our Platform, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and consent to and accept, these Terms of Use and any terms and conditions linked to from these Terms of Use (including Our Privacy Policy).

1.2. We may modify and/or replace these Terms of Use from time to time without notice (provided that where You are a Registered User of Our Platform We will notify You of the update by sending an email to any email address that You have provided to Us).

1.3. We will always upload the latest version of these Terms of Use to [insert webpage].

1.4. If You do not wish to accept these Terms of Use, You must not and cannot use the Platform or any part of it.

By using Our Platform, You agree to Our Terms of Use.

We may change Our Terms of Use at any time.

2. Definitions and Interpretation

2.1. Definitions

In these Terms of Use:

Agent means a Registered User who is a licensed real estate agent;

Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).

Business Day means Monday – Friday excluding public holidays in New South Wales.

Business Hours means 9:00am – 5:00pm on Business Days.

CRM means an applicable third party service through which We access a database of Listings of an Agent, as identified by the Agent during the Agent’s registration on this Platform.

GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.

Listing means details of any real property for sale, or which is available for renting or sharing, and any associated text, images, and audiovisual material, made available to Us from the CRM;

Listing Services means the services that the Platform facilitates for Agents, and for other users of the Platform, in connection with the comparison and ranking of Listings on or using the Platform.

Listing Services Description means as set out at [insert link to services description page].

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.

Personal Information has the meaning given in the Privacy Act 1988 (Cth).

Personal Property Securities Register means the Personal Property Securities Register established under the Personal Property Securities Act 2009 (Cth).

Platform means the HouseHuntingAustralia website platform owned and/or provided by Us, the homepage URL of which is www.househuntingaustralia.com.au and also includes the Listing Services and any content, images, text and other information appearing on any page or screen of the website platform and any source code and object code in the platform, and also refers to any desktop and mobile versions of the website platform and any of Our associated smartphone applications.

Privacy Policy means Our Privacy Policy located at http://www.househuntingaustralia.com.au/privacy-policy/.

Registered User means as set out in clause 5.1.

Registered User Data means as set out in clause 11.1.

Terms of Use means this webpage as amended by Us from time to time.

We, Our and Us means [insert name, ABN and address].

You means you, the person who accesses the Platform for any reason, whether or not You are a Registered User of the Platform.

2.2. Interpretation

In these Terms of Use:

(a) Headings and underlinings (and the summaries in the right hand column of these Terms of Use) are for convenience only, are non-binding, and do not affect the construction of these Terms of Service.

(b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.

(c) Currency refers to Australian dollars.

(d) A reference to a statute or regulation includes amendments thereto.

(e) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.

(f) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.

(g) A reference to time is to time in New South Wales.

(h) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.

(i) The words “includes”, “including” and similar expressions are not words of limitation.

Capitalised terms in these Terms of Use are defined in this clause.

3. About our Platform

3.1. The primary purpose of the Platform is to provide a portal through which real property buyers, renters, sharers and sellers can search, browse for, compare and rank real property Listingsof Agents that are published on the Platform.

3.2. We are not a real estate agent.

The Platform connects Agents with property buyers, renters, sharers and sellers.

4. Access and use of the Platform by unregistered users

4.1. Unregistered users of the Platform are able to search and browse Listings published on the Platform, and access Our blog, but are not able to list property as an Agent via the Platform or use our comparison and rankingListing Servicesand may only access the Platform for personal, non-commercial purposes.

You can’t use most of the functionality provided by the platform until you register.

5. Registration

5.1. Only users who have registered on the Platform (“Registered Users”) may use the Listing Services to rank and compare property. You can register on the Platform:

(a) by completing an Agent registration form that We make available to You on the Platform or otherwise;

(b) by agreeing to become a Registered User when comparing or ranking Listings using the Platform; or

(c) by agreeing to become a Registered User when responding to a request from a Registered User to provide feedback on, and/or to rank,Listingsusing the Platform.

5.2. We reserve the right to accept or reject any person’s registration on the Platform in Our absolute discretion.

5.3. If You make any application or complete any form for the purposes of registration on the Platform, You:

(a) will be deemed to have irrevocably warranted that during the registration process You provided truthful and accurate information only;

(b) will be deemed to have accepted these Terms of Use;

(c) will be deemed to have irrevocably warranted that You applied for registration on the Platform on behalf of and with the authority and consent of any business entity that you entered into anyform that You completed during registration; and

(d) will be deemed to have irrevocably agreed to be jointly and severally liable for any breach of these Terms of Use by that business entity.

5.4. You must ensure that You provide a valid email address at the time of registration.

5.5. We reserve the right to send an email to You with a hyperlink which requires You to verify that You are the owner or operator of the email address entered by You during registration and to cancel/not approve Your registration on the Platform if Your rights to the email address are not so verified, or where You do not satisfy any of Our other eligibility criteria.

5.6. If You register as an Agent on the Platform You must immediately notify Us if Your real estate licence is suspended, restricted, terminated or cancelled. If that occurs, We reserve the right to discontinue publishing all or any of Your Listings on the Platform.

Your registration on Our platform is subject to Our approval. You and Your company are both responsible for Your or their breach of Our Terms of Use and for the security of Your login credentials.

6. Fees and Charges

6.1. You agree and acknowledge that if You become a Registered User You will have a non-exclusive, non-assignable, non-sublicensable, revocable right to access the Listing Services for the purposes expressly described in the Listing Services Description.

6.2. Only Registered Users who are Agents must pay the fees and charges set out in the Listing Services Description (or as otherwise agreed between Us and the Registered User in writing) in consideration for the Agent’s use of the Listing Services (“Premium Listing Charges”) at the time and in the manner set out in the Listing Services Description, plus any GST that is applicable in respect of the supply of the Listing Services to the Agent. Any applicable GST is payable at the same time as the Premium Listing Charges.

6.3. Premium Listing Charges are only payable for Premium Listings. We do not charge any fee for Standard Listings. Please see our Listing Services Description for further information about the differences between Standard Listings and Premium Listings.

6.4. You must pay all costs associated with accessing the Platform, including internet access costs, web browser and computer and smartphone equipment costs, telecommunications costs, data costs, and roaming charges.

Premium Listing Charges are only payable for Premium Listings. We do not charge any fee for Standard Listings.

7. Payment Gateway

7.1. We utilise a third party payment gateway provided by [insert name of payment gateway provider] (“Payment Gateway”) to process payments of Premium Listing Chargesto Us via the Platform.

7.2. If You are, or if You become an Agent, each time You make a payment using the Payment Gateway You will be deemed to have acknowledged, understood and agreed:

(a) that the Payment Gateway may be affected by delays, defects, faults and/or other matters which render the Payment Gateway unusable. These matters may be caused by factors including technical difficulties with the performance or operation of Our or the Payment Gateway’s software or hardware or due to problems or malfunctions with the Internet or other telecommunications networks;

(b) that except in respect of any Non-Excludable Guarantees, We do not warrant, guarantee or represent that unauthorised access to information and data cannot occur, and that We are not responsible for the performance or non-performance of the Payment Gateway;

(c) that You have relied on Your own independent assessment and judgment in determining whether the Payment Gateway meets Your requirements; and

(d) acknowledged, understood and agreed to comply with the applicable terms and conditions of, and privacy policy of, the Payment Gateway provider (collectively, the “Payment Gateway Agreement”), copies of which are available on the Payment Gateway provider website.

7.3. You indemnify Us in respect of all and any loss or damage We incur as a result of any breach by You of the Payment Gateway Agreement.

We don’t control the payment gateway used on the platform and We are not responsible for it or its security practices.

8. Agent Listings

8.1. If you are an Agent You agree and acknowledge that by providing Us with your CRM credentials, You irrevocably authorise us to access all of Your Listings via the CRM and to publish them on the Platform.

8.2. We will only publish a Listing on the Platform as a Premium Listing if You have paid us the Premium Listing Charges for the relevant Listing in advance.

8.3. Will not accept any liability to an Agent for any failure to publish any Listings, and if You are an Agent You agree to release Us from all such liability,where caused by any act or omission of a CRM.

We access Agent Listings from the Agent’s CRM.

9. Comparing Listings

9.1. The Platform includes functionality which allows Registered Users to rank and compare Listings. Certain components of this functionality is patented by Us and We do not licence any person to use that ranking and comparison functionality other than solely in the course of a Registered User’s use of the Platform in the manner set out in the Listing Services Description.

9.2. We intend to continuously improve Our website to make it easier to use and more accurate. However, the comparison functionality provided by Us on the Platform is an automated tool and may be incomplete, interrupted or subject to error from time to time.

9.3. In addition, We do not review all Listings (but reserve the right to review and/or reject and/or take down any Listing that breaches these Terms of Use at any time).

9.4. When comparing Listings using the Platform it is possible that incorrect or incomplete information may be presented to You for the purposes of the comparison. In addition, comparisons may not identify all relevant information that is necessary for You to undertake a thorough comprehensive comparison of all relevant information necessary for You to choose a property or rank a Listing.

9.5. We recommend that before You rent, share, sell or purchase any property that you undertake all relevant searches and obtain all appropriate financial, legal, commercial and other advice. The Platform is not a substitute for those searches or advice and We do not provide any advice in relation to any Listings, nor do We recommend or endorse any Listings, Agents or Registered Users.

9.6. You hereby irrevocably agree to release Us from all claims that You may otherwise have against Us in connection with any incorrect or incomplete Listings, and for any claims related to any property comparisons or rankings carried out using the Platform.

9.7. Please let us know if You identify any incorrect or incomplete Listings or any errors or defects in the Platform.

We don’t guarantee that our comparison or ranking functionality will meet all of your requirements.

10. Social Media and Communication Tools

10.1. The Platform contains social media functionality and other tools that allow certain communications to be made between Registered Users or from Registered Users to third parties who are not Registered Users. For example, a Registered user may email Listings to third parties who are not Registered Users using the functionality provided by the Platform.

10.2. Each time You use any of the functionality in the Platform to communicate to any person, You agree and warrant that You will only do so with the prior written consent of that person and that You are not breaching and will not be in breach of the Spam Act 2003 (Cth) or any other applicable law.

When using our communication tools, you must comply with all applicable laws.

11. Responsibility for and ownership of Registered User Data

11.1. If You are a Registered User, We agree that as between You and Us, You own all data that You transmit through or upload into the Listing Services (“Registered User Data”) unless and to the extent specified otherwise in these Terms of Use.

11.2. The Listings of an Agent that We publish on the Platform shall for the purposes of these Terms of Use be deemed to constitute Registered User Data of that Agent.

11.3. You agree and acknowledge that:

(a) the Listing Services and/or Your Registered User Data may be hosted by Us or Our suppliers on hardware or infrastructure located in or outside Australia; and

(b) We may not own or operate the infrastructure upon which the Platform and/or Listing Services and/or the Registered User Data is hosted.

11.4. If You are a Registered User, You warrant, agree and represent that:

(a) You will only upload, input and transfer Registered User Data into and/or via the Listing Services or disclose Registered User Data to Us, which You are fully entitled and authorised to upload, input, transfer and disclose;

(b) If You are an Agent, You have entered into an agency agreement with each property owner of each Listing that is associated with You in the CRM and are duly authorised by each such property owner to advertise the Listing on the Platform;

(c) Your Registered User Data and Our collection, use, storage, publication and/or disclosure thereof in the course of providing the Listing Services, will not breach any applicable law or right of any person.

11.5. If You are a Registered User, You license us on a non-exclusive, royalty-free, worldwide basis to use and publish Your Registered User Data on the Platform as required by Us to provide the Listing Services and any other services that We provide via the Platform.

11.6. Each Registered User is solely responsible for the accuracy, legality and quality of all its Registered User Data and for obtaining any permissions, licenses, rights and authorisations necessary for Us to use, host, transmit, store, publish and disclose the Registered User Data in connection with the provision of the Listing Services and the Platform.

11.7. If You are a Registered User, except in respect of any Non-Excludable Guarantee, You agree that You, not Us, are solely responsible for backing up and archiving all Registered User Data.

11.8. If You are a Registered User, You acknowledge that Your access to Your Registered User Data that is hosted by the Listing Services is subject to Your compliance with these Terms of Use.

11.9. Except in respect of any Non-Excludable Guarantee, You agree that We are not responsible for any loss, corruption or hacking of any Registered User Data.

11.10. You indemnify Us in respect of any loss and damage We or any of Our suppliers incur in respect of any claim that any of Your Registered User Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of Your Registered User Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation or code.

You own the data that you upload into Our platform. You have to get permission, where relevant, from the owner of the data before uploading it. We are not responsible if anything happens to that data.

12. Availability of Platform and Listing Services

12.1. The availability of the Platform and Listing Services to You will be subject, in addition to any other provisions set out in these Terms of Use, to any bandwidth limitations, database size limitations, throughput limitations and other technical and non-technical limitations or restrictions set out in the Listing Services Description, and any planned and unplanned maintenance of the Platform and/or Our hosting providers.

12.2. You agree and acknowledge that the accessibility and use of the Platform, the Listing Services and the Registered User Data hosted by the Listing Services is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Platform and/or Listing Services and/or Registered User Data operate, interface with or connect to.

12.3. Except in respect of any Non-Excludable Guarantee, We do not guarantee that the Platform, Listing Services or Registered User Data or access thereto will be uninterrupted or error-free and You release and indemnify Us in respect of any loss and damage that We may incur and/or claims and/or complaints You may have against Us in respect of any interruption, error or unavailability of the Platform, Listing Services or any Registered User Data.

Our platform might go offline from time to time.

13. Usage Restrictions

13.1. You may not make any use of the Platform except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Platform. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Platform or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Platform or any content You obtain via the Platform (other than Your Registered User Data). In addition, You must not, nor may You permit any person to:

(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Platform and/or any content in the Platform (except any of Your Registered User Data) (except as expressly permitted by the Copyright Act 1968 (Cth));

(b) do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;

(c) use the Platform in any way that infringes Our rights or the rights of any third party;

(d) use the Platform to create any product or service that competes with the Platform; or

(e) take any steps to circumvent any technological protection measure or security measures in the Platform.

13.2. You must not use the Platform or any part of the Platform in any way which is in breach of any statute, regulation, law or legal right of any person.

13.3. You must not use the Platform or any part of the Platform in any way which is in breach of any of our patents.

13.4. You must not use the Platform or any part of the Platform in breach of these Terms of Use.

We own the platform and all IP in the platform. You cannot infringe our IP rights.

14. Acceptable Use Policy

14.1. You agree that:

(a) using the Platform to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited;

(b) using the Platform in relation to crimes such as theft and fraud is strictly prohibited;

(c) using the Platform in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise, is strictly prohibited;

(d) introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited;

(e) using the Platform to make fraudulent offers of goods or services is strictly prohibited;

(f) using the Platform to carry out security breaches or disruptions of network communication is strictly prohibited. Security breaches include, but are not limited to, accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

(g) using the Platform to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited;

(h) using the Platform to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited;

(i) using the Platform to interfere with or deny service to anyone is strictly prohibited;

(j) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform is strictly prohibited;

(k) sending unsolicited email messages through or to users of the Platform in breach of the Spam Act 2003(Cth) is strictly prohibited;

(l) using the Platform to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited; and

(m) use of the Platform in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited.

You cannot use the platform for any illegal purpose or to violate any person’s legal rights.

15. Intellectual Property Rights

15.1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

15.2. As between You and Us, except in respect of Your Registered User Data, We own all Intellectual Property Rights in the Platform.

15.3. You have no rights in the Platform or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.

15.4. You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Platform or requests for new Platform features (each, an “Improvement Suggestion”) becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Platform or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Platform, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.

15.5. You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in the Platform or otherwise. Without limiting the foregoing provisions, You must not register any security interest or purchase money security interest on the Personal Property Securities Register, or otherwise encumber or charge Your rights in respect of the Registered User Data or with respect to the rights granted to You by these Terms of Use to use the Platform.

We own the Platform and all IP in the Platform. We also own all improvement suggestions that you make regarding the Platform.

16. Responsibility for other users

16.1. We do not accept responsibility for the conduct of any users of Our Platform.

16.2. If You believe that another user of Our Platform has breached these Terms of Use please contact Us.

16.3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Platform. Before entering into any transaction with any other user of the Platform, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.

16.4. Any dispute You have with another user of Our Platform is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Platform and in respect of any content uploaded by or on behalf of any user into the Platform.

16.5. We check content entered into or uploaded into the Platform from time to time, but We do not review or moderate all content. If We become aware of content that breaches our Acceptable Use Policy (see clause 14) We will remove the content and send an email to the person who uploaded or entered it explaining why it was removed. If You become aware of any content that You think breaches the Acceptable Use Policy set out in clause 14 above, please contact Us.

We cannot be held responsible for the conduct of Our users.

17. Responsibility for third party claims

17.1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:

(a) Your use of the Platform; and/or

(b) Your goods and/or services and/or your advertising and/or sales and/or marketing practices.

We are not responsible for any claims made by third parties.

18. No recomnmendations or endorsements

18.1. We do not represent, recommend or endorse any websites to which We have linked from the Platform via hyperlink or otherwise.

18.2. We do not represent, recommend or endorse any Agents or other Registered Users.

18.3. We do not represent, recommend or endorse any Listings.

We do not recommend, represent or endorse linked websites or any Agents, Registered Users or Listings.

19. Liability

19.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Platform is accurate, correct, up-to-date or error free.

19.2. The information on the Platform is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Platform.

19.3. To the extent possible by law, neither party is liable to the other party for any indirect, special or consequential loss or damage incurred by the other party, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.

19.4. Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), We will not have any liability to You for any loss or damage howsoever incurred in relation to Your use of or inability to use the Platform, or with respect to any of the circumstances addressed in clause 17.1.

19.5. Any goods and services supplied by Us through the Platform (which for the avoidance of doubt, includes the Listing Services supplied by Us, but does not include goods or services supplied by any user or Registered User of the Platform to any person) may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended. Where You are a ‘consumer’ for the purposes of the Australian Consumer Law, We are required to provide and shall be deemed to have provided the following mandatory statement to You: “Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”

19.6. If the goods or services supplied by Us to You through the Platform (which for the avoidance of doubt, includes the Listing Services supplied by Us, but does not include goods or services supplied by any user or Registered User of the Platform to any person) are supplied to You in Your capacity as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to s 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, where it is fair and reasonable to do so, at Our option, to one or more of the following:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

19.7. In order for You to claim against Us under a non-excludable guarantee implied by the Australian Consumer Law, or under an express warranty given in respect of the goods or services provided by Us, You must provide written notice to Us with documentary evidence substantiating the claim, for Our review, and, in respect of the Platform, must continue to use it only in accordance with the provisions of these Terms of Use.

19.8. Upon receipt of a valid claim from You under any non-excludable guarantee implied by the Australian Consumer Law, We will contact You to arrange a suitable remedy. You may claim reasonable expenses incurred in making a valid claim under such a guarantee by providing documentary evidence of the expenses to Us. You will be responsible for any expenses incurred in relation to an invalid claim. Where We elect to repair goods the subject of a valid claim, You agree that the goods may be replaced by refurbished goods of the same type rather than being repaired and refurbished parts may be used to repair goods. You acknowledge that where the goods are repaired and are capable of retaining user-generated data, it is possible that the repair of the goods may result in loss of data.

19.9. Any warranty against defects provided by Us to You in Your capacity as a ‘consumer’ under the Australian Consumer Law is in addition to Your other rights and remedies under a law in relation to the goods or services to which the warranty relates.

19.10. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.

19.11. To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to You is limited to the aggregate sum of the Premium Listing Charges paid by You to Us.

Our liability is limited in many ways.

20. Termination

20.1. If you are not a Registered User, We may terminate these Terms of Use and Your access to the Platform or any part of it at any time without notice.

20.2. If You are a Registered User, We may terminate these Terms of Use and Your access to the Platform by notice to You if:

(a) You breach any material term of these Terms of Use;

(b) where we have an express right to do so under another provision of these Terms of Use; or

(c) where reasonably necessary to protect Our legitimate commercial interests.

20.3. We may take down the Platform or any part of it or take the Platform or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.

20.4. Termination of these Terms of Use and access to the Platform does not affect any accrued rights of either party.

20.5. If You are a Registered User and We terminate these Terms of Use and/or Your access to the Listing Services and/or Platform under clause 20.2(c), We will refund to You any part of any Premium Listing Charges paid by You for access to the Listing Services that You have paid to Us in advance in respect of a period of time that has not expired as at the date of termination.

You and We can terminate your access to the Platform under certain conditions. We will give you a refund in certain circumstances.

21. Notices

21.1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use Your contact details that You have provided to us.

21.2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website at [insert webpage].

21.3. Any notice issued by hand shall be deemed delivered upon delivery.

21.4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.

21.5. Any notice issued via email shall be deemed to be delivered upon the email being sent.

21.6. We may send You, and You consent to receive from Us, email or other electronic messages concerning the Platform from time to time.

Notices between you and us are deemed to be delivered at different times, depending on how and when they are sent.

22. General

22.1. Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.

We reserve our rights.

22.2. Amendment: These Terms of Use may be amended by Us at any time.

We can change these Terms of Use at any time.

22.3. Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, licence or novate Our rights or obligations under these Terms of Use at any time, subject to Our Privacy Policy.

You cannot transfer Your rights under these Terms of Use unless We approve the transfer. We can transfer our right and obligations at any time.

22.4. Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.

If part of these Terms of Use are not legally binding, the rest still are.

22.5. Relationship: You and Us are independent contracting entities and these Terms of Use do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.

We are not partners, employers or employee or any other special commercial relationship.

22.6. Australian Consumer Law: The exclusions and limitations of liability set out in these Terms of Use shall apply to the fullest extent permissible at law, but We do not exclude or limit liability which may not be excluded or limited by law. Without limiting the foregoing provisions, We do not exclude liability under the Australian Consumer Law which is prohibited from being excluded.

Our liability is only limited to the extent permitted by law.

22.7. Entire Agreement: These Terms of Use and any information linked to from these Terms of Use constitute the entire agreement between You and Us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between You and Us regarding its subject matter.

These Terms of Use set out our entire agreement.

22.8. Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in New South Wales. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in that state or territory.

Any legal action will be commenced in NSW.

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