buyMyplace –Terms and Conditions
BuyMyPlace is the registered trading name and trade mark of BuyMyHome Pty. Ltd. (ACN 143 987 722) 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”). In these Terms and Conditions “site user” or “you” means any person who uses or accesses the site, including those who have registered to become a member of the site (“Member”) and general users who are not yet a Member. A Merchant (“Merchant”) is a third party merchant who has been accredited by BMP.
- Through the BMP website, BMP provides advertising and marketing services to allow you to advertise and promote:
the sale or rent of real estate, or other property; and
- to the extent that you are a Merchant, services related to the sale or rent of real estate, or other property or the refinancing of loans secured by an interest in real estate
(“BMP service”, “our service”)
You shall not advertise to, or solicit, other site users to buy, sell, rent, hire or obtain any products or services through our service other than by you becoming a 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 email@example.com and we will be happy to speak with you further.
Please read the Agreement very carefully and if you do not agree with the Agreement, please do not use our website or complete the registration process. If you proceed to register as a Member of the BMP website or as a 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.
Amendment 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 or the BMP service you will be deemed to have accepted the Agreement as amended.
The Agreement (and any Merchant Agreement if applicable) 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 site user.
A reference to the Terms and Conditions or the Agreement means this Agreement as amended from time to time.
Duration and termination
This Agreement commences on your use of the site and will remain in full force and effect while you are a site user or Member of BMP. You may terminate your use of the BMP website at any time, for any reason, effective upon receipt by us of your written or email notice of termination. You may terminate your account online by sending written notice with your property address to firstname.lastname@example.org
We may immediately terminate your site use and your access to the BMP service at any time for any reason, including because we believe you have breached this Agreement or acted in a way that we believe is likely to be detrimental to BMP. If we do this we will send you notice of termination at the email address you provide to BMP and included in your profile. You must ensure that any email address you provide to us is a valid and current email address and any email we send to your recorded email address shall be deemed an effective service of notice on you by BMP.
If we terminate your use of the BMP website because we are of the opinion that you have breached the Agreement or acted in a way that we believe is likely to be detrimental to BMP, then subject to any applicable laws including the Australian Consumer Law and other applicable consumer protection laws and regulations, we will not refund any payments made by you. In the case of breach of one or more terms of this Agreement by you, we may block your account(s), delete prohibited content, prevent publication of all or part of your Member profile, remove you from any groups that you participate in and terminate any groups that you may have created.
We may do this at any time at our sole discretion, and we are not obliged to provide you with any reasons if we exercise our discretion in this regard in whole or in part. We may also block your access to all or part of the BMP service, either permanently or temporarily. In addition, BMP may at its sole discretion deactivate the accounts of site users who have not used the BMP service for a period of 6 months or more (as calculated by the date of last connection to the BMP service).
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 UNPW 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.
You are solely responsible for the Content that you post on the BMP website or Content you transmit to other site users using our service. You warrant and agree that the Content is:
- true, complete and accurate and discloses any material matters in relation to the subject property;
- complies with all laws including but not limited to the Competition and Consumer Act (Cth), Fair Trading Acts (State) or equivalent legislation, Privacy Act (Cth), the laws of defamation, and State or Commonwealth anti-discrimination legislation;
- is not in breach of this Agreement or any other law;
- is not harmful to any person in any way;
- does not infringe any third party rights (including but not limited to intellectual property rights and rights of privacy).
BMP does not accept responsibility for errors in any Content received electronically from you or any other site users. You must promptly check the Content posted on the BMP website and notify us of any errors in the published Content.
It is your responsibility to notify us upon the sale or rent of the real estate or item to which your Content relates and to ensure that the relevant Content is removed from the BMP website.
The information that you supply to BMP and post on the BMP website must be accurate and conform to reality.
Prohibited Content is content considered inappropriate by BMP in its sole discretion including without limitation Content that (in BMP’s opinion):
- promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual;
- contains a profile or photograph of any third person used without their permission or any property other than the subject property;
- contains a cartoon or illustration (other than for the purposes of accurately illustrating a property or part thereof where a photograph is not possible or would not accurately represent the property);
- contains images of animals, scenery or objects of anything other than your current self (this clause does not apply to Gallery or inventory photos);
- is sexually explicit or contains sexual references / innuendo;
- involves the transmission of unsolicited mass mailing;
- promotes information that is false, misleading or deceptive or capable of being misleading or deceptive;
- promotes, or provides information about, illegal activities or conduct;
- is abusive, threatening, obscene, offensive, defamatory or libellous;
- is an unauthorised copy of another person’s copyright work or otherwise breaches any person’s intellectual property rights;
- contains restricted or password only access pages, or hidden pages or images;
- contains pictures of people under the age of 18 (even if they are your children);
- provides material that exploits people under the age of 18, or is used to solicit information from anyone under 18;
- solicits passwords or personal information from other users;
- engages in commercial activities and/or sales without our prior written consent; or
- is otherwise unlawful in any way.
IMPORTANT: BMP reserves the right to investigate and take appropriate legal action against anyone who breaches this section or is involved with the breach of this section. We may restrict, suspend or terminate the access and use of the BMP website by you or any other site user if BMP judges that you or another site user has been involved in the posting of Content that is prohibited or offensive.
BMP owns and retains all intellectual property and commercial proprietary rights in the BMP website and the BMP service and, except as expressly stated otherwise in this Agreement, any content on the BMP website. BMP’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without BMP’s express written permission. If you believe that your work has been copied and posted on the BMP service in a way that constitutes an infringement of your intellectual property rights, please contact us by email to email@example.com
Scope of the BMP service
Use of the BMP website gives you the ability to create one Member profile only. Multiple profiles are not allowed however you may create and / or participate in multiple groups of shared interest. You may also participate in various events and promotions offered from time to time by BMP and any of our Merchants from time to time. You understand and acknowledge that the BMP website and the BMP service is provided to you as a platform and toolkit to facilitate the self-management by you of the relevant matters relating to the sale, rent, purchase or re-finance of your property. You acknowledge that the BMP service provides a passive conduit for the online distribution and publication on information about real estate, finance and other related goods and services advertised, marketed or promoted for sale. We are not involved in the actual transaction between site users and we have no control over and, to the full extent permitted by law, make no warranties in relation to the suitability, quality, safety, legality of any of the real estate, finance or other goods and services offered for sale on the BMP website, the accuracy or truth of any advertising listings on the BMP website or the ability of site users to actually enforce or complete any transaction contemplated by the advertisements published on the BMP website.
Inclusions in the BMP service
All inclusions within the BMP service and the BMP campaigns can change at any time. You acknowledge that the buyMyplace boards and professional photographers are employed via a third party affiliate. Any liability of BMP in this regard is limited pursuant to our Terms and Conditions and Refunds and Returns Policy, to the extent applicable.
BMP has designed our boards and brochures in accordance with our marketing and design brand guidelines, and will not be changed under any circumstances. This directly includes the For Sale Board, Photographic For Sale Board, Open for Inspection Board, photography, display of online advertisements and professionally printed brochures.
BMP reserves the right solely at our discretion to investigate and terminate your site use if you have misused the BMP service, or behave in a way that we regard as inappropriate, unlawful or illegal. Without limitation, you must not engage in the following actions:
- send or post Content which constitutes or encourages conduct that would be considered a criminal offence in Australia or any other country in the world;
- send or post Content which is prohibited by this Agreement or otherwise infringes the rights of any third party;
- post, distribute or reproduce in any way any copyright material, trade marks, or other intellectual property or proprietary information of a third party without obtaining the prior consent of the owner of such proprietary rights;
- impersonate any person or entity;
- harass or solicit money from any other person;
- express or imply that any statements you make are endorsed by BMP without our specific prior written consent;
- use any robot, spider, or other device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the BMP service or its contents;
- “frame” or “mirror” any part of the BMP service or the BMP website, without BMP’s prior written authorisation;
- use code or other devices containing any reference to BMP, our BMP service or our website to direct persons to any other web page;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the BMP service or the BMP website or any software used on or for the BMP service or cause others to do so;
- use the BMP service to transmit or otherwise in connection with any chain letters, spamming, junk email or any unsolicited messages;
- upload files that contain viruses, corrupted files or other similar software or programs that may damage the operation of the BMP website or any other person’s computer or property; or
- restrict or inhibit the use of the BMP service or the BMP website by others.
By using the BMP website you agree not to contact any advertiser of a property for any purpose other than to potentially purchase or rent their advertised property. If you are an 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.
We accept Content in good faith on the basis of warranties provided by each site user. You acknowledge and agree that BMP does not represent or endorse the accuracy or reliability of any Content, linked websites, advice, opinion, statement or other information displayed, uploaded or distributed through the BMP service by us, our partners, Merchants or any site user or any other person or entity.
It is your responsibility to verify any information on the BMP website or provided to you by other site users before relying on it. You acknowledge that any reliance upon any opinion, site user profile, advice, statement or information or other Content is solely at your own risk and with no recourse or other right of action in law or in equity against BMP or its officers, servants or agents, to the extent permitted by law. We are not responsible for the conduct, whether online or offline, of our site users.
You 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.
Exclusion of terms
To the full extent permitted by law, and except where law prohibits their exclusion, BMP excludes (a) all representations, warranties, conditions and other terms; and (b) without limiting the foregoing, any warranties with respect to any information or material on the BMP website, or any products or promotional materials offered by our Merchants, partners or any site user or any other person or entity and provided, offered or made available to you by BMP (including, without limitation, conditions implied by law of acceptable quality, fitness for purpose, the use of reasonable care and skill, legal capacity of any person and non-infringement rights of any other person).
Limitation of liability
Subject to any liabilities that may not be limited by law and to the full extent permitted 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 or in any way arising out of the BMP website including without limitation:
- 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,
- any errors or omissions from any information on this BMP website including typographical or photographical errors,
- any technical malfunction, error, virus, delay or interference on this BMP website, or
- a failure or omission on the part of BMP to comply with its obligations under this Agreement.
Nothing in this Agreement limits, excludes or modifies the consumer guarantees provided under the Australian Consumer Law or any terms implied by applicable consumer protection laws or regulations, except where legally permitted to do so. Where any law implies any term, and that law prohibits us from excluding or modifying the application of, or our liability under, any such term, that term will be deemed included but to the full extent permitted by law our liability will be limited for a breach of that term to one or more of the following: (1) in the case of goods, one or more of the following at our discretion: (a) the replacement of the goods or the supply of the equivalent goods; (b) the repair of the goods; (c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d) the payment of having the goods repaired; and (2) in the case of services: (a) the supplying of the services again; or (b) the payment of the cost of having the services supplied again. The foregoing shall not interfere with any rights you may have under the Australian Consumer Law for a breach of the consumer guarantees, which provides for specific remedies that in some cases can be at your election.
Subject to the terms of this Agreement, and to the full extent permitted by law, 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.
The above terms are subject always to our Returns and Refunds Policy, which may apply in relation to goods or services purchased by using 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). To the full extent permitted by law you agree to release and indemnify us, our officers, employees and agents from and against all claims, demands, damages, costs, losses, penalties, proceedings and liabilities of any kind including, but not limited to, where relating to or arising out of (a) your breach of the Agreement; or (b) your listing, selling, purchasing, renting or refinancing of any property or item on the BMP website.
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, subject to any applicable laws including the Australian Consumer Law and other applicable consumer protection laws and regulations, you will not be entitled to any refund.
If you have any questions about the rights and restrictions above, please contact us at firstname.lastname@example.org
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.
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.
Terms and Conditions of Use for ‘Home Value Report’
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.