Terms and conditions
These terms and conditions apply to the use of the Website. In using the Website, you agree to be bound by these terms and conditions as amended from time to time. If you do not accept these terms and conditions, you must refrain from using the Website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Website and its related products and services.
In these terms and conditions:
“BMP”, “we”, “us” and “our” means BuyMyHome Pty Ltd ACN 126 563 746;
“Customer” means a property seller or landlord who lists its property for sale or rent, respectively, with us pursuant to separate terms and conditions;
“Linked Website” means a website that is hyperlinked from the Website or whose URL we disclose on the Website; and
“Website” means the website maintained by us and presently found at the URL, https://www.buymyplace.com.au/.
2. Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon being posted on the Website. Your continued use of the Website following such posting will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to check these terms regularly for changes.
3. Website content
All information provided by us on the Website is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources that we believe to be accurate and up to date as at the date of publication and we reserve the right to update this information at any time.
We publish or make available on the Website information, advertisements, rental and property listings and other content supplied and posted by our Customers and other third parties. We do not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such material published on the Website, including, but not limited to, any representation or warranty that the properties are as described by the Customer or owned by the Customer. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another person on the Website.
We make no representations or warranties that your access to or use of the Website will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us or our Customers. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is posted by any person on the Website.
We do not accept any responsibility or liability for any use or misuse that you or any other person make or information or material that you obtain or submit using the Website.
If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.
You must not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition you must not commercialise any information, products or services from the downloaded material.
4. Specific warnings
You must ensure that your access to and use of this Website is not illegal or prohibited by laws that apply to you.
You must take your own precautions to ensure that the process that you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this Website or any Linked Website.
We do not accept liability for any losses arising directly or indirectly from corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Website, any transmissions by others in contravention of these terms and conditions.
You indemnify us and our related bodies corporate and our directors, employees and agents against any claim by a third party arising out of a breach of these terms and conditions either by you or by any person authorised to represent you.
Responsibility for the content of any advertisements appearing on this Website (including hyperlinks to advertisers’ websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.
Copyright in this Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorised by these terms and conditions, you must not, unless we give you our written permission, do any of the following in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or/li>
- commercialise any information, products or services obtained from any part of this Website.
6. Trade marks
Except where otherwise specified, any word or device to which is attached the ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, products or services (including this Website).
7. Restricted use
Unless we agree otherwise in writing, you are provided with access to and use of this Website only for your personal use. You must not forward, on-sell or otherwise use information obtained from this Website for commercial purposes without our written permission.
8. Linked Websites
Links to Linked Websites are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with Linked Websites.
Content provided through Linked Website is provided “as is” and without any warranty of any kind, including as to quality, accuracy or completeness. To the extent permitted by law, you release us from liability arising from your access to or use of any Linked Websites. Your access to and use of any Linked Website is governed by, and subject to, the terms and conditions applicable to that Linked Website.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of 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 otherwise stated.
Any statements or opinions posted by any person on this Website, including by any of our employees, contractors or Customers in a blog or forum on this Website, are strictly those of the relevant author and not us. We do not review, approve or endorse the contents of comments posted by third parties or Customers, and do not accept responsibility for any loss, damage, harm or injury occasioned by unlawful, offensive, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, discriminatory, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable material available on the Website.
We do not warrant that any material you submit to the Website will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material on the Website. If we elect in our sole discretion to post your information or material on the Website, we do not warrant that the material or information you submit will be posted within a certain timeframe.
We do not accept responsibility for any loss damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this Website or any Linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.
We make no guarantee of any specific results from the use of the Website.
10. Australian Consumer Law
These terms and conditions do not exclude, restrict or modify any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these terms and conditions are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.
11. Governing law
These terms and conditions are governed by the law of the State of Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction and waive any right to claim that those courts are an inconvenient forum.
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
Waiver by us of a breach of these terms and conditions or of any right or power arising on a breach of these terms and conditions must be in writing and signed by us. A right or power created or arising on a breach of these terms and conditions is not waived by any failure to exercise or delay in exercising, or a partial exercise of, that or any other right or power.
Any provision of these terms and conditions that is expressed to survive, or by its nature survive, termination or expiry of these terms and conditions will survive such termination or expiry and continue in effect.
If any provision of these terms and conditions or their application to any person or circumstance is or becomes invalid, illegal or unenforceable, the provision shall, so far as possible, be read down to such extent as may be necessary to ensure that it is not invalid, illegal or unenforceable. If any provision or part of it cannot be so read down the provision or part of it shall be deemed to be void and severable and the remaining provisions of these terms and conditions shall not in any way be affected or impaired.