- use our website for any activities or post or transmit via the website, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standard or codes;
- use our website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using our website or the Internet;
- use our website to send unsolicited email messages;
- in any way tamper with, hinder or modify our website;
- knowingly transmit any viruses or other disabling features to our website or via our website; or
- attempt any of the above acts or facilitate or assist another person to do any of the above acts.
Terms and Conditions
General Terms and Conditions
PropertyVisa is the registered trading name of PropertyVisa Pty. Ltd. referred to as "PV" or "us" or "our" or "we" in these terms and conditions.
PV operates the website (including the home page and all sub-pages) located at the URL ("PV website" or "our website" or "site").
Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, our Merchant Services Policy and (if you are a Merchant) our Merchant Agreement, and other rules, guidelines and policies referred to in these terms and conditions or posted on the PV website by PV, as amended from time to time, are the terms and conditions relating to the PV service and the PV website ("Agreement") that apply between you and PV.
Our services
PropertyVisa provides you with an online portal which allows you to search, offer for sale and purchase real estate and businesses which are supplied by third parties. PropertyVisa merely acts as a gateway between sellers of real estate and businesses and purchasers of real estate and businesses.
Our services are based on information provided to us by members of the public wishing to offer their real estate or business for sale ("Listing Process"). Therefore we cannot guarantee that all such information is accurate at all times.
Your obligations
You must use our website in a responsible manner. You must not:
Password
During the Listing Process you will be required to enter a password. You are solely responsible for keeping your password private and safe at all times. We are in no way responsible for any damage or loss which you may suffer as a result of misuse of your password.
Intellectual property
The material on our website , the software, design, text, images and graphics comprised in our website and the selection and layout of our website are owned or under licence by PropertyVisa and protected by Australian and international laws.
Your use of our website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on our website without the express written permission of the trade mark owner.
You may view our website and its contents using your web browser. In visiting our website, you may make a temporary copy of our website by means of the usual operation of your web browser only.
You must not:
- cause any of the material on our website to be framed or embedded in another website.
- modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of our website in any way except as expressly provided for by us or expressly authorised in writing by us.
Third party content and links to third party websites
Our website contains advertising and hyperlinks and other pointers to websites operated by third parties and such advertising and websites do not form part of our website. We do not control these linked websites and is therefore not responsible for the contents of any linked website or any hyperlink contained in a linked website. The links are provided by us solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship or approval by us of our website or the products or services provided at those websites. Your link to any third party website entirely at your own risk.
We do not provide any warranty or take any responsibility for any aspect of linked websites or their content.
Property content and links displayed on third party websites
Your property listing displayed on any third party website is a duplication of the information and graphical content provided by you (display and format may vary) and the content is entirely provided by you at your own risk. Accuracy of such information is the responsibility of the user listing the property on PropertyVisa website. We do not alter the content of your listing placed on other websites and is therefore not responsible for the contents displayed on any linked website or any hyperlink contained in a linked website. The third party websites intention is to provide maximum exposure at no extra cost other than what is agreed when the listing is placed.
Services are subject to change
PropertyVisa may without notice to you change any of the services offered our website.
Information
The information displayed on our website is entered by customers of PropertyVisa and is for information purposes only. The information is not intended to be comprehensive or exhaustive and does not constitute our endorsement or approval in any way and therefore must not be relied on as such by you.
Nothing on our website, or any communication with PropertyVisa, its employees, representatives or service providers should be construed as providing legal, financial or real estate advice.
Indemnity
By using our website , you agree to indemnify PropertyVisa from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of our website by you.
Disclaimer
Some legislation such as the Australian Trade Practices Act 1974 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by PropertyVisa via our website which cannot be excluded, restricted or modified (your "Statutory Rights"). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect of our website:
- all material on our website is provided to you without warranties of any kind, either express or implied;
- we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- we do not warrant that the functions contained in any material on our website or your access to our website will be uninterrupted or error free, that any defects will be corrected or that our website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
- we do not warrant or make any representation regarding your access to, or the results of your access to, our website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on the part of PropertyVisa, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, our website.
You expressly acknowledge that we do not exert control over users of the Internet and that we are not liable for damage suffered by you, either directly or indirectly, as a result of you accessing our website or listing your real estate or business for sale.
Limitation of Liability
To the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at our option, to one or more of the following:
- In the case of services supplied or offered by us:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- In the case of goods supplied by or offered by us:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the costs of replacing the goods or acquiring equivalent goods; or
- the payment of the costs of having the goods repaired.
Privacy
By agreeing to and accepting these Terms of Use, you also agree to the terms of the PropertyVisa Privacy Policy.
Termination
The Terms of Use are effective until terminated by us. We may terminate the Terms of Use at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.
Listing your real estate or business on our website
When listing for sale your real estate or business on our website, you are required to provide certain information, including information about you and the real estate or business which you are offering for sale.
PropertyVisa may entirely at its own discretion choose to:
- display your listing;
- not display your listing; or
- amend, modify, or arrange any information which you have provided during the listing process.
By listing for sale your real estate or business on our website , you agree to be bound by the Terms of Use as amended from time to time.
Miscellaneous
We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.
The Terms of Use are governed by and construed in accordance with the laws of the State of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Western Australia and Courts of Appeal from them for determining any dispute concerning the Terms of Use.
We do not make any claims that the information displayed on our website is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in our website may not be legal by certain persons or in certain countries. If you access our website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceable will not affect the remainder of the agreement which will continue in full force and effect.
All rights not expressly granted in the Terms of Use are reserved.
If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.
Refund and Return Policy
Through the PV website, PV provides advertising and marketing services to allow you to advertise and promote:
- the sale of real estate or the refinancing of loans secured by an interest in real estate; and
- to the extent that you are an approved third party merchant who has accepted our Merchant Agreement ("Merchant"), services related to the sale of real estate or the refinancing of loans secured by an interest in real estate,
("PV service", "our service").
At PV we are committed to best practice measures in all that we do. We aim to maintain a high level of customer support for each person or entity who uses our website or is registered to use our website ("site user") as well as offering our site users access to relevant information regarding our website's terms and conditions and our commitment to respecting your privacy.
It is important that all our site users understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. To contact us send us an email to support@PropertyVisa.com.au.
1. Entire Agreement
As part of the PV service, PV offers a range of services for our site users relating to the self management by you of your property and mortgage finance related transactions, research, services and other activities ("Transactions").
This document specifies our policy in relation to dispute resolution for any goods or services you may have purchased by using the PV website and which have become subject to a dispute.
2. Services
Some of the services specified in the table at the end of this document that will be provided to you directly by PV (‘PV provided services’) and other services will be provided to you by merchants accredited with PV (‘Merchant services’).
3. PV provided Services
Where you feel you have a dispute with PV in relation to any PV provided service you should notify us within 30 days of you first becoming aware of the problem. To notify us you should send us an email to support@PropertyVisa.com.au or contact us via telephone on 08 94 677 644. If you contact us by telephone we will require you to send to us complete details of your dispute in writing.
You agree that you will not make any claim against us for a credit, re-publication or any other remedy in respect of the Agreement unless you notify us in writing no later than 30 days after the date of the tax invoice or date of publication of the relevant Content (whichever is the earlier).
You accept that we are unable to progress resolution of any dispute without the details of the dispute being provided to us in writing. We reserve the right to request more information from you or any other party in the dispute in relation to your dispute.
We will endeavour to resolve your dispute during normal business hours (9am to 5pm, Monday to Friday, excluding any public holiday in Australia) as quickly as we reasonably can and you acknowledge that if you do not notify us with 30 days of you first becoming aware of the problem that our ability to deal with your dispute quickly or at all will be potentially compromised.
In the event that we resolve your dispute in your favour, the extent of any liability we may have will be limited at the discretion of PV to any amount(s) you have paid to PV for the use of the PV website in relation to the specific dispute. In this regard you acknowledge the provisions of the PV terms and conditions relating to "limitation of liability".
4. Merchant Services
Where you feel you have a dispute with any Merchant from whom you have purchased services by your use of the PV website you are required to forward details of the dispute directly to the Merchant and to provide us with a copy.
While we may, at our sole discretion, attempt to assist you in the resolution of any legitimate dispute you feel you have with any provider of Merchant services through the PV website, you acknowledge that we have no obligation of any kind whether legal or otherwise to you, the Merchant or any other party in this regard.
This document does not extend to any other service you may purchase or procure from any Merchant or other service provider that is not purchased by you through the PV website.
You acknowledge that PV may collect the Merchant’s fees for the services you have purchased on the basis that these fees are held on trust by PV for the Merchant until they are passed directly through to the Merchant as soon as possible after confirmation of your order or purchase request. You have no lien or charge over these fees.
PV has no direct or indirect financial or other interest in the transaction between you and the Merchant other than seeking to ensure the best possible service to you from the Merchant.
Property Listing Policy
1. Legal capacity to offer your property for sale or refinance
If you use the PV website or the PV service to promote, advertise or market:
- the sale or proposed sale of real estate ("subject property"); or
- the refinancing or the proposed refinancing of a loan secured by the subject property, you further warrant that you have full legal capacity and lawful entitlement to do so pursuant to one or more of the following criteria:
- you are the registered proprietor of the subject property, acting with the authority of all other joint proprietor(s) or tenant(s) in common;
- you are the director of the registered proprietor acting with the approval of the board of directors of the registered proprietor, if the registered proprietor is a corporation within the meaning of section 9 of the Corporations Act 2001;
- you are acting pursuant to a legally enforceable power of attorney from the registered proprietor of the subject property which has not been revoked;
- you are acting as a trustee of a trust which is the registered proprietor of the legal interest in the subject property, and you are acting in accordance with the relevant trust deed;
- you are acting as an agent for the registered proprietor of the subject property, pursuant to a written authority that complies with all applicable laws in the State or Territory in which the subject property is situate, including but not limited to laws regarding the sale of real estate by agency;
- you are acting as a mortgagee in possession of the subject property;
- you are acting as the executor of or pursuant to a grant of probate in relation to the estate of the registered proprietor which authorises you to sell the subject property; or
- you are acting pursuant to an order of a Court of a State or Territory in Australia which authorised you to sell the subject property.
2. Right of verification
PV reserves the right to independently verify (at our sole discretion):
- the availability of properties offered for sale;
- the information you provide relating to properties you offer for sale; and
- any other information relating to you, the properties you offer for sale or any other aspect of your use of the PV website
3. Acknowledgement that PV is not a real estate agent and does not provide a financial service
You acknowledge and agree that PV is not a real estate agent nor does PV act in any capacity as a real estate agent or as any other type of agent or representative either for you or for any other person. You also acknowledge that PV does not provide a financial service. You further acknowledge and agree that PV is not and does not hold itself out as being in the business of:
- selling, buying, exchanging, letting or otherwise disposing of real estate or business of another person;
- negotiating for the sale, purchase, change, letting or any other dealing with or disposition of real estate or business of another person;
- collecting rents for any real estate or business on behalf of another person;
- providing or issuing or dealing in financial products;
- advising, recommending or providing opinions in relation to financial products, and that the PV service does not include any of the above activities.
4. Act of acceptance
By checking this checkbox or by using the PV website you, confirm than you have read and understood this Agreement and agree to be bound by it.
Merchant Services Policy
1. Merchant services
The PV website may contain information about the products, goods and services offered by Merchants. You acknowledge and agree that insofar as products, goods and services (or information about goods or services) are offered on or through the PV website by Merchants:
- the information published on this website about the products, goods or services of the Merchants is provided by the Merchants. PV is not responsible for the accuracy or validity of any information provided by Merchants or regarding the Merchant or Merchant products or services;
- PV does not act as broker for any Merchants;
- PV does not act as agent for any Merchants, except for the purpose of collecting fees charged by Merchants in accordance with the paragraph titled "Declaration of Trust";
- PV does not act as your agent or broker in relation to the products, goods or services provided by the Merchants;
- any agreement entered into with a Merchant as a result of your use of the PV website is an agreement between the Merchant and you;
- PV does not provide advice to you in relation to the goods and services offered by the Merchants; and
- PV does not provide any warranties of any kind in relation to the goods or services provided by the Merchants and will not be liable to you or any third party for any failure, wrong or default of a Merchant.
- Merchants engaged by PV hold all the specific and required licenses for the delivery of their service at the time of engagement by PV.
Where PV is paid a commission by a Merchant this will be disclosed to you.
2. Linked websites
Our website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
PV is not responsible for the content or privacy practices associated with the linked websites. Our links to linked websites should not be construed as an endorsement, approval or recommendation by us o the owners or operators offered by those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
3. Declaration of trust
Where PV collects a fee from you for the provision of a product or service by a Merchant:
- that amount will be shown separately on PV’s tax invoice; and
PV declares that it will hold such amount upon trust for you for the specified third party or Merchant absolutely until such amount is paid to the designated third party or Merchant,
provided that money received in respect of PV’s tax invoice will be applied in the following order of priority: - payment of goods and services tax (and other similar taxes and charges with respect to that tax invoice);
- payment of delivery charges (and other similar third party charges other than Merchant fees and charges);
- payment of PV’s fees and charges; and
- payment of Merchant fees and charges.
Contact
If you have any questions relating to the Terms of Use, please contact us by emailing admin@PropertyVisa.com.au
.© 2009 PropertyVisa Pty Ltd - WA - ABN31141199920.
Terms & Conditions last updated on 8 February 2010.