This Agreement applies to Buyers purchasing, or considering purchasing, properties listed on Homesta.
In this Agreement:
1.1 “Buyer” means a purchaser of a Listed Property, and where the context permits, includes a potential purchaser of a Listed Property.
1.2 “Listed Property” means a property for sale listed by a Seller.
1.3 “Listing” means any listing for a Listed Property, and unless the context requires otherwise, includes any related content.
1.4 “Platform” means the platform operated by us and located at homesta.com, any other URL, and includes all associated applications, including our mobile site and smart phone application.
1.5 “Provider” means any third party provider of goods or services, including any third party provider whose details you obtain, or whom you learn of, through your use of the Platform, including, without limitation, photographers, valuers, surveyors, conveyancers, lawyers, providers of maintenance or building related services and other providers of professional or financial advice or services.
1.6 “Provider Product” means any goods or services provided or offered by a Provider, and unless the context requires otherwise, means those goods or services obtained by you through your use of the Platform.
1.7 “Seller” means a person who lists a property for sale on the Platform.
1.8 "We", "us" and "our" are references to Homesta Pty Ltd (ABN 72 648 316 821).
1.9 “You” and “your” are references to you as a user of the Platform acting as a Buyer.
2.1 This Agreement applies to you in your capacity as a Buyer and its terms are in addition to the Platform’s general Terms and Conditions located here: Terms and Conditions. The rights and remedies of the parties in relation to the Terms and Conditions shall apply in respect of this Agreement.
3.1 As a Buyer, you warrant that you have the unfettered right to purchase or negotiate the purchase of any Listed Property in respect of which you make an enquiry or negotiate and have obtained any necessary consents from any third party whom you purport to represent as a potential additional purchaser.
4.1 You agree and warrant that in transacting (including by making enquiries) through the Platform in relation to any Listed Property that you do not do so in the capacity of a real estate agent or similar or, except where permitted herein, any other professional capacity.
We do not permit real estate agents to use the Platform to purchase or negotiate with Sellers, other than for their own personal, non-professional purposes. We allow buyer’s advocates to use the Platform, on behalf of their clients.
5.1 You agree and acknowledge that:
(a) our role in connection with the listing and promotion of properties for sale through the Platform is to provide an online marketplace enabling transactions to be conducted between Sellers and Buyers. We do not act in the capacity of a real estate agent or any other property professional, advocate or other adviser;
(b) we are not responsible for and shall not be liable to conduct any enquiries (including without limitation, undertaking searches) to determine the suitability of or any other information in relation to any Listed Property, or your ability to purchase it, and shall rely on the warranty you provide in clause 3;
(c) we are not responsible for the verifying or ensuring the accuracy of any content in any Listing, but retain the right to edit or remove content if we deem it reasonably necessary or prudent. We reserve the right to remove or suspend a Listing without notice if we reasonably suspect it to be in breach of our Terms and Conditions. This may result in a property ceasing to be a Listed Property and this could affect (or end) your communication with the Seller;
(d) we do not provide any advice in relation to, and shall not be a party to, nor liable in respect of any contract for sale of a Listed Property, which shall between you and the Seller;
(e) you are responsible for obtaining your own legal and financial advice and assistance (including securing funding) in respect of any actual or proposed property purchase and conducting your own due diligence enquiries in respect of Listed Properties;
(f) we do not guarantee that you will receive any response from a Seller to an enquiry in respect of their Listing, nor do we guarantee that any Listings will be genuine or that the Sellers will be able to complete a sale of a Listed Property;
(g) we do not make any representation about the price at which you may be able to purchase a Listed Property (if at all);
(h) the provisions of our main Terms and Conditions relating to Your Content (as defined therein) apply in respect of all material you may post, transmit or communicate in connection with a Listed Property or its Seller; and
(i) even though the Platform provides the functionality to facilitate communications, we shall not be involved in nor liable for any communications between you and any Seller in connection with any Listed Property or otherwise.
6.1 On the Platform we may provide details of, including links to or the facility to obtain Provider Products. We may include statements regarding the terms of some Provider Products.
6.2 Subject to the below, we guarantee that Provider Products will not be provided fraudulently and that you will not incur any damage to property as a result of the Provider Products.
6.3 You acknowledge that:
(a) you, and not we, are responsible for satisfying yourself as to the suitability or otherwise of Provider Products for your situation, your requirements and needs;
(b) by submitting your personal details through the Platform, you may be able to make an offer to obtain Provider Products. That offer may be accepted or rejected by the Provider (and by us acting on its behalf where we so indicate). The contract for such Provider Products will only be concluded when your offer has been accepted by the Provider. If your offer is accepted the Provider Products will be provided to you subject to the Provider’s terms and conditions. You will receive written confirmation if your offer has been accepted. The Provider may authorise us to provide that written confirmation directly;
(c) we shall not be a party to, nor liable in respect of, any agreement between you and any Provider, and except as expressly provided herein, we do not make any representations about or endorsements of any Provider, nor guarantee the performance of their agreements or arrangements with you. Except as provided herein, we disclaim any liability in connection with your reliance on Provider Products;
(d) unless we provide otherwise, you shall be liable to pay those Providers directly in respect of Provider Products. In some cases, where we so indicate on the Platform, we will act as the agent for a Provider for the purpose only of collecting and remitting payments between you and that Provider, but are not otherwise party to your agreement with a Provider; and
(e) we may have arrangements with Providers that involve the payment of a fee or other commission from the Providers to us in connection with the introduction of purchasers of their goods and services through use of the Platform.
7.1 You agree to fully indemnify and hold us (including our directors, officers and employees) harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Platform (including arising in connection with any property purchased as a consequence), any acts or omissions in respect of which disclaim liability or responsibility hereunder, and any breach by you of this Agreement.
8.1 Either of us may terminate this Agreement without cause on the provision of 7 days’ notice in writing to the other. Termination will not affect any provisions that are capable of surviving termination.
02 February 2022