This Agreement applies to Sellers listing their properties 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 (including any land without a dwelling) for sale listed by you for sale on the Platform.
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 www. homesta.com and includes all associated applications, including our mobile site and smart phone application.
1.5 “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.
1.6 “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, advertising or marketing businesses, copywriters, draftspersons, graphic designers, providers of maintenance or building related services and other providers of professional or financial advice or services.
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 Seller.
2.1 This Agreement applies to you in your capacity as a Seller 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 You acknowledge that we may require you to verify your identity as a precondition to publishing Your Listing, or as a condition of Your Listing remaining posted. For this purpose, we may require details of your driver’s licence and/or passport and may also use and require you to use a service such as the Frankie One service . If you do so, you may be bound to the terms and conditions of use of that service.
4.1 As a Seller, you warrant that you have the unfettered right to list and sell the Listed Property and have obtained any necessary consents from any third party who may have an interest in the Listed Property to do so. Where you are not the sole owner of a Listed Property, you have the authority to represent all other owners for the purpose of the Listing.
5.1 You agree and acknowledge that:
(a) during the term of this agreement, you will not appoint any other person to market or promote your Listed Property. You grant us exclusive authority to advertise the Listed Property during the term of this Agreement;
(b) 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;
(c) we are not responsible for and shall not be liable to conduct any enquiries (including without limitation, undertaking searches) to determine your entitlement to list or ownership of your Listed Property, and shall rely on the warranty you provide in clause 4;
(d) we are not responsible for the verifying or ensuring the accuracy of any content in Your 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 your Listing without notice if we reasonably suspect it to be in breach of any of this Agreement or our Terms and Conditions;
(e) 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 your Listed Property, which shall between you and the Buyer;
(f) you are solely responsible for conducting your own due diligence enquiries in relation to any prospective Buyer;
(g) we do not guarantee that you will receive any particular level of interest in, nor that you will receive any enquiries in respect of your Listed Property, nor do we guarantee that any enquiries will be genuine or that the makers of those enquiries will be able to complete a purchase of the Listed Property;
(h) we do not make any representation about the price at which you may be able to sell your Listed Property (if at all);
(i) the provisions of our main Terms and Conditions relating to Your Content (as defined therein) apply in respect of all material you may post in connection with your Listing. Without limiting those Terms and Conditions you agree and acknowledge that it your responsibility (and not ours) to obtain any necessary consents and permissions to use, post, reproduce or otherwise including in your Listing, any photographs, audio-visual materials, plans, descriptions and other items in which intellectual property rights (including copyright and moral rights under the Copyright Act) may subsist; and
(j) 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 Buyer 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 to you 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;
(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 We may from time to time offer to publishing your Listing or its content on the platforms of other providers, in exchange for a fee. If we do so (with your consent) you agree that such providers shall have the right to reproduce and communicate to the public the content of your Listing.
8.1 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, any acts or omissions in respect of which disclaim liability or responsibility hereunder, and any breach by you of this Agreement.
9.1 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