TERMS AND CONDITIONS

Acknowledgement and acceptance of Terms and Conditions

The www.propertymagnet.com.au website (Website) is owned and operated by Property Magnet Pty Limited (ABN 82 132 533 996) (Property Magnet) from its offices within Australia. Your use of this Website is conditional upon your acceptance and compliance with these terms and conditions and any notices and disclaimers set out elsewhere on this Website (General Conditions). Your access to and use of this Website constitutes your agreement to be bound by the General Conditions including without limitation, if you proceed to register as a site user of the Property Magnet website or as a Property Magnet Merchant you will be deemed to have accepted the General Conditions and to be bound by them.

Capacity

The products and services offered on this Website are only available to persons who can enter into legally binding contracts.  The products and services are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts.

Amendment, termination and entire agreement

Property Magnet reserves the right to amend the General Conditions at any time and you should periodically refer to them on this page and elsewhere on this Website.  Your continued use of this Website after any amendment becomes effective constitutes an agreement to abide and be bound by the General Conditions, as amended.

Property Magnet reserves the right to terminate your use of this Website at any time for any reason and without limitation, Property Magnet reserves its right to terminate your access to any services or products agreed to be provided to you should you be in breach of any of the General Conditions.

The General Conditions form the entire agreement between you and Property Magnet unless expressly stated otherwise.

If you elect to enter into a full agency support arrangement with Property Magnet this will be subject to an additional agreement.

Property Magnet account security and access

You are responsible for maintaining the confidentiality of your Property Magnet User Name and password (‘UNPW’), and you are fully responsible for all activities that occur under your UNPW. You agree to immediately notify Property Magnet 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. Property Magnet 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 Property Magnet endeavours to ensure that the Property Magnet website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to the Property Magnet website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.  Property Magnet at any time may request some form of identification to establish the creditability of an account or its contents.

Disclaimer and limitation of liability

While the information on this Website is believed to be accurate and current, it is provided by Property Magnet in good faith on an “as is” basis.  Neither Property Magnet nor its directors, officers, agents, employees or contractors (Property Magnet Personnel):

• Give any representation or warranty as to the reliability, accuracy or completeness of any information on this Website; or
• Warrant that any of the functions contained in information on this Website or your access to this Website will be uninterrupted or error-free.

Neither Property Magnet or Property Magnet Personnel will be liable in any way for any loss or damage, whether direct or indirect, incidental, special or consequential (whether arising in negligence or otherwise) out of or in connection with your access to this Website, your use of any products or services offered on this Website, in relation to any claim or action you may have against another user of this Website or any errors in or omissions from information on this Website; except where liability is made non-excludable by legislation.

In the case of goods or services supplied or offered by Property Magnet or Property Magnet Personnel, liability for breach of any implied warranty or condition which cannot be excluded is limited at Property Magnet’s discretion to either:

• The supply of the goods (or equivalent goods) or services again; or
• The payment of the cost of having the goods (or equivalent goods) or services supplied again.

Except in relation to liability made non-excludable by legislation, the total liability of Property Magnet or Property Magnet Personnel to you or any other person for loss or damage will in any event not exceed in aggregate the total amount of any fees paid by you for products or services provided by Property Magnet to you.

To the extent (if any) that the content of this Website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use this Website.

Your Warranties

You warrant and agree that you will undertake of your own accord such checks, independent verification and independent advice as are necessary to satisfy yourself of:

• the legal identity and capacity of any other party involved in any transaction facilitated by your use of the Property Magnet 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 on this Website.

Indemnity

You must indemnify and hold harmless Property Magnet and Property Magnet Personnel and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees) claims and damages arising from:

• any breach by you of the General Conditions
• any third party claims brought against Property Magnet or Property Magnet Personnel concerning your access to and usage of this Website or any products or services offered on this Website.

Customer support

Property Magnet 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 this Website and you will not be entitled to any refund of any fees paid to Property Magnet.

Conditions of Terms and Use for RP Data and Australian Property Monitor information

The data provided must not be sold on to any third parties. It may be freely given. Prices are indicative only.

Copyright

Copyright in this Website (including but not limited to text, data, graphics and any other materials) is owned or licensed by Property Magnet. Other than as permitted by  the Copyright Act 1968 (Cth),  no part of this Website may be  adapted, reproduced, stored, distributed, printed, displayed, performed in public, published or have  derivative works created from it or be used for commercial purposes without the prior written consent of Property Magnet.

Trade Marks

All trademarks, displayed on this Website are registered and unregistered trademarks of Property Magnet and others. Nothing on this website should be construed as granting any licence or right to use the trade marks without the prior written permission of Property Magnet or any third party owner, as applicable.

Links to third party websites and advertisements

This website may contain links to websites operated by other entities and advertisements for products and services offered by other entities. If you use a linked website, you will leave this Website. Property Magnet is not responsible for and does not endorse any information or any products or services appearing on any linked websites or in any advertisement appearing on this Website.

Use Of Bulletin Board, Chat Rooms, And Other Communications Forums

If this Website contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

 

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
2. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
5. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
6. Falsify the origin or source of software or other material contained in a file that is uploaded.
7. Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
8. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Property Magnet, and such communications shall not be considered reviewed, screened, or approved by Property Magnet. Property Magnet reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. Property Magnet reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

Purchase of Services or Products

Any request by you to purchase a particular product or service is an offer by you to purchase that particular product or service for the price specified on this Website at the time you sign up on our ‘sell page’ and pay the required fee and is on the basis of the General Conditions.  Property Magnet reserves the right to accept or reject your offer for any reason, including without limitation, an error in the price of the product or service, its description posted on this Website, or an error in your sign up details.  Your contract with Property Magnet only comes into existence when it forwards confirmation of receipt of your sign up details and payment of the required fee.

Prices

Prices of products or services and any other charges displayed on this Website are current at the time of issue, but may change at any time.  Prices displayed on this Website are inclusive of GST.

In the event you purchase a service that includes a “for sale’ sign, the price includes delivery charges.

Severability

If any part of the General Conditions is determined to be unenforceable or invalid, the remaining terms and provisions will remain in full force and effect and such invalid or unenforceable part will be deemed not to be part of the General Conditions.

Governing Law

The General Conditions are governed by and construed in accordance with the laws of New South Wales.  You agree to submit to the exclusive jurisdiction of the courts of the state of New South Wales, Australia.