BuyMyPlace - General Terms and Conditions
BuyMyPlace is the registered trading name of BuyMyHome Pty. Ltd. (ACN 126 563 746) referred to as "BMP" or "us" or "our" or "we" in these terms and conditions.
BMP operates the website (including the home page and all sub-pages) located at the URL ("BMP website" or "our website" or "site").
Through the BMP website, BMP 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,
("BMP service", "our service").
At BMP 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@buymyplace.com.au.
Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, our Site Content Policy, our Fair Use 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 BMP website by BMP, as amended from time to time, are the terms and conditions relating to the BMP service and the BMP website ("Agreement") that apply between you and BMP.
You shall not advertise to, or solicit, other site users to buy, sell or hire any products or services through our service other than by you becoming an accredited BMP Merchant. If you wish to engage in any of the activities referred to in this paragraph you are obliged to apply to become a Merchant of BMP. To become a Merchant of BMP please contact us by sending us an email to message support@buymyplace.com.au and we will be happy to speak with you further.
By proceeding further, you agree that you will be bound by the Agreement at all times.
Please read the Agreement very carefully and if you do not agree with the Agreement, please do not use our website. If you proceed to register as a site user of the BMP website or as a BMP Merchant or continue to use the BMP website you will be deemed to have accepted the Agreement and you will agree to be bound by it.
Effect of acceptance
Please note that on completion of the BMP online registration process, which includes you expressly acknowledging that you have read, understood and accept this Agreement, your ability to become a site user will be activated and you will have entered into a legally binding agreement with BMP for the provision of the BMP service.
You should read this Agreement carefully before completing the registration process.
Amendment, termination and entire agreement
The Agreement is subject to change by BMP at any time at our sole discretion. We will post all amendments to the Agreement on the BMP website. If you subsequently continue to use the BMP website, the BMP service or continue as a site user, you will be deemed to have accepted the Agreement as amended.
Please note that BMP reserves the right to terminate your use of the BMP website for any reason, and reserves all of its rights in relation to all other matters.
The Agreement forms the entire agreement between you and BMP unless expressly stated by us otherwise and applies to the entire BMP website as well as to any correspondence, communication and other interaction of any kind between BMP, as the service provider, and you, as the user.
A reference to the terms and conditions or the Agreement means this Agreement as amended from time to time.
Legal capacity and minimum age
You expressly warrant to BMP and to any other site user that you have attained the minimum age of 18 years and otherwise have the full legal capacity to use the BMP website and to enter any transaction sourced or derived from your use of the BMP service or BMP website.
If you are not sure of your legal capacity in relation to any transaction you should obtain your own independent legal advice in relation to your legal capacity and any transaction (financial or otherwise) you propose to enter before you perform any act or enter any transaction on the BMP website.
You further warrant that you will ensure that this Agreement is binding on your legal heirs, assignees, successors and personal representatives.
BMP account security and access
You are responsible for maintaining the confidentiality of your BMP User Name and password (‘UNPW’), and you are fully responsible for all activities that occur under your UNPW. You agree to immediately notify BMP of any unauthorised use of your UNPW or any other breach of security and to ensure that you exit from your account at the end of each internet browser session. BMP will not be liable for any loss or damage of any kind arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer or any computer that you believe or may have reason to believe is not secure so that others are not able to view or record your password or other personal information.
While BMP endeavours to ensure that the BMP website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to the BMP website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. BMP at any time may request some form of identification to establish the creditability of an account or its contents.
Privacy
Use of the BMP website and/or the BMP service is governed by our Privacy Policy as set out on this BMP website and such Privacy Policy forms part of this Agreement.
Contacting advertisers
If you have clicked any of the contact buttons on a property listing page ("Email Seller" or "Phone Seller") and/or you have used the BMP website you agree to the BMP website terms and conditions. Specifically, you acknowledge your agreement with, and understanding of, the "Contacting advertisers" clause as detailed here in this section.
By using the BMP website you agree not to contact any advertiser for any purpose other than to potentially purchase their advertised property. If you are a individual, business, real estate agency, real estate agent or acting on behalf of a real estate agency or agent you agree that you cannot solicit business with any advertiser on the BMP website either by mail, phone, email or any other means without express written permission from BMP.
Disclaimers
You further warrant and agree that you will undertake of your own accord such checks, independent verification and independent advice to satisfy yourself of:
• the legal identity and capacity of any other party involved in any transaction facilitated by your use of the BMP website; and
• the suitability and particulars of, and encumbrances, interests and laws affecting any real estate or interest in real estate that is published, disclosed, marketed, advertised or promoted using the BMP service.
You acknowledge that BMP and its officers, servants or agents expressly make no warranty or representation of any kind to you that any party (including you) using the BMP website has attained 18 years of age or is acting in full legal capacity in effecting any transaction through the BMP website.
Limitation on liability
Subject to any liabilities that may not be limited by law, BMP, its officers, servants and agents and any related person, company or entity of BMP, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the use of this BMP website, any activity, transaction, communication or other interaction between you any other party either directly or outsourced by BMP in any way or in connection with the use, inability to use or the results of use of this BMP website. Subject to the foregoing, BMP's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BMP for the use of the BMP website.
Your liability to us
You are liable to us for breach of this Agreement or negligence under the principles applied by courts. You are not liable to us for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract). You agree to indemnify us, our officers, employees and agents against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Agreement.
Customer support
BMP may from time to time provide assistance and guidance through its customer support representatives. If we feel that your behaviour towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your access to and use of our website and you will not be entitled to any refund.
Contact information
If you have any questions about the rights and restrictions above, please contact us at support@buymyplace.com.au or click here for help.
Applicable law
These terms and conditions and this Agreement are governed by the law in the State of Victoria, Australia, and you agree to the exclusive jurisdiction of the courts in Victoria, Australia (and courts of appeal therefrom).
If you are accessing the BMP website from outside Australia you acknowledge that no representation of any kind is made by BMP or any other party as to compliance with any laws of any other country or the fitness of the BMP website or the BMP service for any purpose not governed by the laws of Australia.
General
In the event that you have any claim or action against any other site user arising from that site user's use of our BMP website or the BMP service, you agree to pursue such claim or action independently of and without any demands from BMP, and you release BMP and its servants and agents from all claims, liability and damages, arising from or in any way connected to any claim or action.
If a claim or action is brought against us from your activities or use of the BMP website or the BMP service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to indemnify us, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Act of acceptance
By checking this checkbox or by using the BMP website you, confirm than you have read and understood this Agreement and agree to be bound by it.
Conditions of Terms and Use for Residex information
The data provided shows the month and year of last sale with a current estimated value of the property based on price movements since the last sale.