|
|
ZeroCommission Listing Agreement, Privacy policy &
Disclaimer
This Listing Agreement sets out the terms and conditions by which
ZeroCommission ("we" or "our" or
"us") agrees to permit you to use our website and to
list real estate for sale or rent/lease on our website
("Agreement").
If you do not accept these conditions you will have no right to
register with us or list any real estate on our website.
1. Our Service
We provide a venue for listing real estate for sale or rent/lease
on our website ("Service"). We do not take any part in
the sale or rent/lease of real estate other than by listing real
estate for sale or rent/lease. If a property is purchased or
rented/leased, a contract will be formed between the buyer and
seller or lessor and lessee directly. We do not act as agent for
either party.
We are not responsible for the conduct or performance of any
photographers, real estate agents, solicitors or other persons
whose products or services we may advertise on our website from
time to time.
2. Eligibility
The Service is only available to, and may only be used by,
individuals who can form legally binding contracts under
Australian law. The Service is not available to persons under the
age of 18.
If you subscribe to the Service as a business entity, you
represent that you have authority to bind the entity to this
Agreement.
We may decline to register you as a subscriber of the Service for
any reason and we are not obliged to state such reason.
3. Listing Packages
To subscribe to the Service for the first time, you must first
carefully read this Agreement and indicate your acceptance of
these terms by clicking on the "I Accept" button below.
You may then subscribe to the Service by completing the
information required by us.
4. Duration of Listing
Your listing will remain on our website for the period of the
relevant listing package, unless you or we terminate the listing
early under this Agreement.
5. Submission of Listings
For any listing, information or content you submit or upload on
to our website, you expressly undertake and warrant that:
(a) it will not contain anything that:
(i) is misleading or deceptive, is likely to mislead or deceive,
or otherwise breaches the Fair Trading Act 1986 or any equivalent
trade practices or fair trading legislation in any country;
(ii) is or is likely to be defamatory, offensive, obscene,
indecent, unlawful or objectionable;
(iii) infringes any copyright or other intellectual property
rights of any person in relation to the content of the listing,
the software used to upload the listing on to our website, or any
photographs, stills or other information provided in relation to
the listing; or
(iv) breaches any provision of any statute, regulation, by-law or
other legal obligation; and
(b) it is unique, in that no duplicate of the listing exists
within ZeroCommission at any time.
(c) our publication or use of such listing, information or
content will not give rise to any liability on our part or in a
claim being made against us.
You will only enter listings that are accurate, current, and
complete and for real estate that you are legally entitled to
sell or rent/lease.
6. Right to Refuse or Withdraw Your Listing
We reserve the right to refuse to publish or to withdraw your
listing from publication at any time and without having to give a
reason.
7. Indemnity
You agree to at all times indemnify us and our officers, servants
and agents against any and all liability, claims, losses,
damages, costs or other expenses of any nature whatsoever awarded
against, incurred or suffered by us or our officers, servants and
agents arising out of or in connection with your listing or any
information or content provided by you.
8. Intellectual Property Rights
You grant to us a perpetual, irrevocable and royalty-free licence
to reproduce your listing in any print or electronic advertising
media we offer now or in the future, in relation to the Service.
You acknowledge and agree that all intellectual property rights
in our website and or any module are owned by or licensed to us.
You may not in any form or by any means adapt, reproduce, store,
perform, publish or create any derivative works from any part of
this website or commercialise or on-sell any information obtained
from this website.
You agree to abide by such terms and conditions relating to use
of our website and any materials on our website as we or our
licensors may specify from time to time.
9. Right to Vary and Delay
We may edit, correct, amend or modify your listing to conform to
our style or format. You acknowledge and agree that we will own
all intellectual property rights in and to any such edit,
correction, amendment or modification.
We may delay publication of your listing if it contains an error
or if we believe that it does not comply with your obligations
under this Agreement. No refunds or compensation will be provided
for such delays.
10. Errors and Complaints
All listings are published by us in good faith.
You must contact us immediately if there is an error or omission
in any listing that you have placed. We will use all reasonable
endeavours to correct any such error as quickly as possible, but
will not be liable for any losses (whether direct, indirect, or
consequential) arising from an error, omission or failure to
publish your listing.
We will only investigate complaints during normal business hours.
11. Cancellation
No refunds will be given for any cancellation of any listing by
you or us under this Agreement. If you wish to cancel a listing
please contact us during normal business hours and we will use
reasonable endeavours to remove your listing from our website as
soon as reasonably possible.
12. Customer Details
You undertake and warrant that all information you provide to us
is true, current and complete. You will promptly notify us of any
changes to your contact details and provide such other
information that we may reasonably require from you from time to
time.
You agree not to: (a) impersonate another person; (b) use a false
name or a name you are not authorised to use; (c) create a false
identity or provide a false address or email address; or (d) be
misleading as to the identity or origin of any communications.
13. Privacy Policy
We may gather two types of information about you: (a) personal
information, such as your name and contact details, provided by
you when you subscribe to the Service or use our website; and (b)
aggregated information generated or collected by our systems, or
third party systems, on our users (such as user demographics,
interests and behaviour) but that does not personally identify
you.
We may use such information as may be reasonably necessary to:
(a) verify your identity and assist you in case you forget your
password or login details; (b) determine payment of any amount
you owe under this Agreement; (c) ensure your compliance with
this Agreement and enforce this Agreement; and (d) undertake
internal research on user demographics, interests and behaviour.
We will not disclose your information to any third person for any
other purpose unless we believe in good faith that we are
required to do so by law. You have the right to access and
request correction of any personal information we hold about you,
provided it can be easily retrieved and provided you pay any
reasonable charges. Please contact us if you require such access.
14. Security
We will use all reasonable endeavours to effect and maintain
adequate security measures to safeguard the information you
provide to us from access or use by unauthorised persons, but we
provide no warranty or guarantee as to security.
You are responsible for keeping your login information, including
your email address and password, secret and secure. You agree not
to permit any other person to use your name or access your
subscription to the Service and not to disclose (directly or
indirectly) any information that may allow a third person to gain
access to such subscription.
15. Website Integrity
You must not attempt to damage, interfere with or harm our
website or the Service, or any network or system underlying or
connected to them in any way whatsoever.
16. Amendments
We may amend this Agreement from time to time. Notice of any such
amendments will be announced on this website and will be
effective immediately, unless we state otherwise. You are
responsible for reviewing this Agreement regularly to obtain
timely notice of any such changes.
Your continued use of our website will constitute your acceptance
of any changes or revisions to this Agreement.
17. No Warranties
You understand and agree that your use of the Service is at your
sole risk. You are responsible for the content of your listings
(including any hyperlinks to other websites (if any). You are
solely responsible for any representation made in connection to
your listing.
Our website and the Service are provided on an "as is"
and "as available" basis. To the maximum extent
provided by law, we disclaim and exclude any implied conditions
or warranties (including, without limitation, any warranties of
merchantability and fitness for a particular purpose).
Without limiting the above, we do not warrant that the Service or
our website will be uninterrupted, timely, secure, error-free or
that any information provided on our website is error-free or
reliable.
All statements, information and recommendations made by us about
the Service are believed to be reliable, but do not constitute a
guarantee or warranty.
18. Maximum Liability
If we are found to have any liability under this Agreement, the
maximum amount of our liability arising out of all claims under
this Agreement or relating to your listing will not in any
circumstances exceed the actual listing fee paid by you in
relation to the specific listing in question.
19. Waiver
Our failure or delay to exercise any right or remedy we may have
under this Agreement will not be construed or operate as a waiver
thereof, nor will any single or partial exercise of any right or
remedy preclude the further exercise of such right or
remedy. |
|
|
|
|
|
|
|
