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Terms and Conditions

Introduction

Welcome to the Homes247 website. Homes247 is pleased to provide its services to you pursuant to these Terms and Conditions. As consideration for your use of the Homes247 website the User (‘you’), agree to be bound by these Terms and Conditions. By browsing, viewing and ‘signing up’ you, as a registered user, constitutes your acceptance of the Terms and Conditions set out in this document and the Privacy Policy for Homes247.

Amendment to Terms and Conditions

Although all attempts are made to provide you ‘with accurate information regarding our Terms and Conditions and Privacy Policy, Homes247 reserves the right to update/edit these policies from time to time, at our sole discretion and without notice to you. Your continued use of the Homes247 website constitutes your acceptance of any changes to these terms and conditions and/or the Privacy Policy.

Terms of Use

Registration

You must be registered with Homes247, to access any additional services available on the Homes247 website www.homes247.com.au . Homes247 provides a number of registration classifications, according to your requirements. These options are clearly set out in the ‘New Registration’ section of the Homes247 website and include:

(1)Real Estate Agent or Agency - This registration is only available to licensed real estate agencies in Australia. You may be required to produce satisfactory evidence to confirm your identity and/or that of your agency.

(2)Resort Owners & Real Estate Developer - This registration is restricted to resort owners, building construction development agencies and licensed Builders within Australia. You may be required to produce satisfactory evidence confirm your identity and/or that of your company or organisation.

(3)Register to View Online Property Report - This registration is available to any individual or corporation using the Homes247 website.

(4)Register Private Seller - This registration is available to any individual or corporation using the Homes247 website.

(5)Register to Add Your Service to our Business Directory - This registration is available to registered corporations and organisations within Australia. You may be required to produce evidence to confirm your identity and/or that of your corporation or organisation. You agree not to register any account on the Homes247 website, using a web-based POP account, such as; g-mail, yahoo or hotmail.

To protect other website users, Homes247 reserves the right to suspend and/or cancel any account at any time at its sole discretion.

Registration Process

New registered users must complete all required fields in the registration form in an accurate manner and it is the responsibility of each registered user to notify Homes247 of any changes to these details. Agencies or companies with more than 1 (one) branch, must create a separate account for each branch or company operating out of a different location. Affiliated real estate franchise agencies must register as an individual company or business per each real estate franchise. Homes247 will not accept a sole or singular account on behalf of all franchisees, under the same company name. You agree not to register more than once on the Homes247 website. You agree not to impersonate or create a new user account for any other person and/or agency other then yourself.

Homes247 reserves the right to suspend or terminate your account if it believes in its sole discretion that you have engaged in misleading or fraudulent use of the Homes247 website and restrict future access to the Homes247 website, products and/or services.

To use the Homes247 website, you are required to enter a username, email address and a password. In using the Homes247 website, you agree to protect all usernames, email addresses and passwords issued or nominated by you and used on the Homes247 website or any service of Homes247. You agree to indemnify Homes247 against any unauthorised distribution or use of usernames, email addresses or passwords you share with any other person, company or organisation. You acknowledge and agree that you are wholly responsible for all actions which occur in relation to your membership and registration on the Homes247 website.

Content & Code of Conduct

In using the Homes247 website and services, you agree not to upload, download, transmit, store, create, distribute, reproduce, request or otherwise publish through the Homes247 website and/or to any other website or service:

(1)Any data, that does not comply with current laws regarding submission or advertising of real estate sales, property and/or services in any given state or territory in Australia.

(2)Any data, information, text or graphics which are whole or part, of the Homes247 website.

(3)Any data or source code produced by Homes247, published or used on the Homes247 website.

(4)Any message, data or information, coded material (including text or graphics) that could be considered to be defamatory, pornographic, obscene, harassing, illegal or threatening - which is whole or part, of the Homes247 website;.

(5)Any content or use of the Homes247 website that would contribute to the construction, development or creation of any other website or service that is the same as, similar to or in direct competition with Homes247.

(6)Any content or use of the Homes247 website for the purpose of transmitting spam, spam mail, junk mail and/or other mass messaging or marketing service;

(7)Any content or use of the Homes247 website for the purpose of other commercial use other than the intended use.

(8)Any content or user registration on the Homes247 website, by anyone who is under 18 years of age.

(9)Any content and usage that misrepresents or impersonates any person, corporation or agency other then yourself.

(10)Any content that may infringe any patent, trademark, trade secret, intellectual property or copyright law. By posting and submitting data on the Homes247 website, You represent and warrant that you have the lawful right to distribute and publish such information and that such information is true and correct

(11)Any content submitted by you, including but not limited to any names, addresses, phone numbers, email addresses, credit card details, and other personal information. .

(12)Any computer viruses, corrupting data and/or harmful, destructive and/or disruptive files or bots.

You agree to indemnify Homes247 against any liability, claims, damages, demands, costs or penalties whatsoever suffered by Homes247 and the Homes247 website, as a result of your breach of these terms and conditions. Homes247 reserve the right at its sole discretion, to use whatever means necessary to prevent any unlawful use of the Homes247 website and services and it may report any such unauthorised activity to the relevant law enforcement agencies.

Under no circumstances will you hold Homes247 or any director and/or personnel employed by Homes247 liable for any loss or damage including but not limited to the loss of data, data information, revenue, products, reputation or data arising from association with Homes247 or any of its products and/or services.

You acknowledge and agree that you use the Homes247 website at your own risk. Homes247 Pty Ltd agrees to use all reasonable endeavours to provide you with accurate and up to date information and data on its website. However, you agree not to hold Homes247 liable in any way for any misleading or incorrect information on the Homes247 website or contained in any of the Homes247 advertising or distributive material. You agree to monitor all data submitted to the Homes247 website, either directly or indirectly via a third party on your behalf.

If you, upload, submit, post or fax or otherwise transfer any content to the Homes247 website, unless Homes247 indicates otherwise, you agree to grant Homes247 the nonexclusive rights, royalty free and irrevocable rights to use, reproduce, adapt, publish, distribute and display that content in any form of media. Homes247 appreciates the importance of maintaining Trademark, logo and intellectual property integrity. You warrant that you own and/or control all of the rights to the content you submit or post on the Homes247 website.

Listing Submissions & Advertising

Homes247 provides a residential, commercial, coastal, and aged care advertising listing space on the Homes247 website along with a Business and Service Directory.

To list your business under the Service Directory; free to registered users.

To view unlimited Property Reports on the Homes247 website; free to registered users. (Normally $29.95 AUD inclusive of GST).

To list your property through a licenced real estate agency; free of charge. Contact your agent for further details.

To list your property privately on the Homes247 website; $29.95 AUD inclusive of GST.

Licensed real estate agencies, developers and property management firms are advised to contact Homes247 direct, to discuss your listing requirements.*

Prior to submitting your property on Homes247 website; Homes247 recommends you seek further professional (legal or financial) advice, to ensure your submission complies with the laws governing your State or Territory. In some states such as the Australian Capital Territory (ACT), you are required by law to obtain and complete the following information, prior to advertising or listing your property for sale:

- A Contact of Sale (normally completed by a Solicitor) with all Required Documents under the Civil Law (Sale of Residential Property) Act 2003 ACT.

You acknowledge that the information and the contract for sale listed on the Homes247 website is finalised, complies with all laws and is true and correct. You agree that Homes247 at its sole discretion, may elect to advertise your or your agencies property listing in other sections of the Homes247 website (including agency logo and images), outside it’s intended position, such as the ‘Snapshot of Properties’ section of the Homes247 website.

Property Reports

Homes247 agrees to provide you as a registered user of the Homes247 website with a generated property report. The property report is produced and correlated by Homes247 from a variety of internal and external sources, including but not limited to in-house data, the property seller and other government and non government agencies. While all attempts are made by Homes247 to provide you with current and accurate property and market trends and information; Homes247 does not guarantee complete accuracy or correctness of the information provided in its generated property reports. You agree to indemnify and not to hold Homes247 PTY LTD or its’ employees and personnel responsible for any error contained in the generated property report on the Homes247 website.

The property reports on the Homes247 website are produced from a dynamic web based application and results may vary slightly from the time and the date in which they are viewed. The results of this property report are based on the views of Homes247 and are intended as a guide only. The property report is not intended to be used to support a mortgage refinance or a mortgage application. The property report does not reflect or contain information regarding the current condition and structural integrity of the individual property listed. The results of the property reports are by no means conclusive and Homes247 recommends that you seek legal and financial advice on all properties listed on the Homes247 website.

Homes247 shall, to the full extent permitted by law, be under no liability whatsoever to you for any loss or damage (including direct or consequential loss or damage) which may be suffered by you as a result of your direct or indirect use of the Homes247 website or the services of Homes247. This indemnity includes but is not limited to loss of profit and/or loss of business opportunities.

Third Party Websites

Homes247 Pty Ltd provides advertising and hyperlinks to our websites outside the Homes247 website. Unless otherwise expressly stated, Homes247 is not affiliated with any other third party websites, companies or agencies; and cannot be held responsible for the organisations, content or conduct of these organisations.

Accuracy of Information

You agree to supply accurate, up to date and complete information when

(1) setting up an account on the Homes247 website;

(2) purchasing a service,

(3) submitting listings; and

(4) when performing any other service or function whereby you submit data or information to the Homes247 website or Homes247.

You further agree and acknowledge that you must monitor and review all property listings and data and/or amend all information that is submitted and/or supplied by you to ensure it is true and correct. Homes247 reserves the right, at its sole discretion and without notification to you to purge and/or delete any information which it believes to be unlawful or inaccurate.

On the completion or sale of a property or listing on the Homes247 website, it is in your best interest to provide an accurate sales figure to Homes247. This information will be made available to all registered agency account users for the purpose future sales, valuations and market trends. You agree to provide accurate sales figures when updating property listings and data.

Definitions

Homes247 means Homes247 Pty Ltd ACN 141 404 060 and its directors, employees, staff and owners and/or the associated the website www.homes247.com.au.

Homes247 website means any website operated by Homes247 under the Homes247 server.

’You’, ‘you’, ‘Your’ or ‘your’ means single individual and/or corporation, organisation, agency or entity that views and/or uses content material, uses products, services and/or any information associated with Homes247 or the Homes247 website.

‘Sign Up’ or ‘Register’ means single individual and/or corporation, organisation, agency or entity that enters an agreement with Homes247.

The Website means the Homes247 website

Need Assistance

Should you require any further assistance to clarify any aspects of these Terms and Conditions or any other policies or procedures relating to Homes247 or the Homes247 website; please contact our offices to discuss the matter.

HOMES247 PTY LTD ACN 141 404 060
www.homes247.com.au

PO BOX 911
Jamison Centre
Canberra ACT 2614

P - 0488 FOR SALE
0488 367 725
E - support@homes247.com.au

Updated May 2012


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