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Terms and Conditions of Homesta Platform Use

By using this Platform, whether by browsing or otherwise accessing any content on or through it, you agree to be bound by these Terms and Conditions. This Agreement forms a binding legal agreement between you and us.

If you are using the Platform as an actual or prospective Seller, the following terms and conditions also apply to you: /sellersagreement

If you are using the Platform as an actual or prospective Buyer, the following terms and conditions also apply to you: /buyersagreement

1. Definitions

In these Terms and Conditions:

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 on the Platform.

1.3 “Platform” means the platform operated by us and located at homesta.com.au, any other URLs and includes all associated applications, including our mobile site and smart phone application.

1.4 “Products” means any goods and services that we may provide or make available through use of the Platform.

1.5 “Seller” means a vendor of a property that is a Listed Property, or other person who has listed it for sale on the Platform.

1.6 "We", "us" and "our" are references to Homesta Pty Ltd (ABN 72 648 316 821).

1.7 “You” and “your” are references to you as a user of the Platform including, but not limited to in your capacity as a person browsing its contents, and/ or acting a Buyer or a Seller ( if and as applicable).

2. Registration and access

2.1 In order to use some or all of features of the Platform, you will need to register an account. Upon registration we may collect information such as your name, address, email address and mobile phone number. You agree to provide accurate and complete information and to keep this information (as well as any credit card or other payment information) updated when interacting with us. We will treat this information in accordance with our privacy policy which can be accessed here: Privacy Policy. We may also require additional identity verification (as set out in our Seller Terms and Buyer Terms).

2.2 You may not use another user’s account without their permission.

2.3 You are solely responsible for any activity occurring on your account. You must maintain the security of your account details including passwords. If you suspect unauthorised use of your account or that your password is no longer secure, you must notify us immediately.

2.4 You acknowledge and agree that we may disable or delete your account if you breach any of these Terms and Conditions or otherwise act in a manner that we deem, acting reasonably, places the Platform or its integrity or reputation at risk . If your account is deleted or disabled then you acknowledge and agree that you will only be able to use the parts of the Platform provided by us to members of the public who do not have an account.

2.5 You may delete or disable your account at any time via functionality contained in the Platform. However, deleting or disabling your account does not affect any obligation under these Terms and Conditions that is capable of operating following such deletion or disablement.

3. Listed Properties and other functionality of the Platform

3.1 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.

3.2 Provided that in doing so we are not in breach of any separate agreement entered into between us in connection with specific uses of or services provided through the Platform, we reserve the right to determine, at our sole discretion, the functionality for the Platform we will provide to you and users generally, and which properties will become and remain Listed Properties.

3.3 We may modify any part of the content of a listing for a Listed Property at any time with or without notice to its Seller if we deem it reasonably necessary to do so. We may at our sole discretion, with or without notice to remove a Listed Property and you acknowledge that the appearance of a Listed Property at any given time does not guarantee that the Listed Property will continue to be listed, or that the Seller will proceed with a sale.

4. Supply of Products

4.1 We may determine from time to time, to offer to supply Products through the Platform.

4.2 If Products are supplied through the Platform, or we elect (following notice, in future, to charge for Product Listings) then we may impose additional terms and conditions which apply to the purchase and supply of the relevant Products, by setting out additional terms and conditions, these Terms and Conditions (“Product Terms and Conditions”). The Product Terms and Conditions will form part of these Terms and Conditions and, unless otherwise stated, will override any inconsistent term in these Terms and Condition, to the extent of the inconsistency only.

4.3 By ordering and purchasing any Product from the Platform, you agree:

(a) that you are bound by and will comply with the Product Terms and Conditions;

(b) to pay the applicable fees and charges for such Product ("Fees"); and

(c) to be bound to any set minimum term to use or purchase that Product ("Term").

4.4 Unless otherwise stated in any Product Terms and Conditions we will invoice you in respect of the Fees on a monthly basis and you agree to pay the Fees by the date indicated on our invoices.

4.5 We may require you to provide us with an authorisation to direct debit the Fees from your credit card or nominated bank account. Once authorisation is provided the Fees will be automatically debited by us.

4.6 Unless otherwise stated, and subject to clause 4.3(c) you may terminate any agreement for us to supply you with Products that are provided on a subscription or periodic basis at any time with at least 30 days' written notice to us. Unless provided for otherwise in these Terms and Conditions, this termination will come into effect on the same day of the month that corresponds with the date of your initial order for such Products, after the expiry of the 30 day notice period. You may also immediately terminate any agreement for us to supply you with such Products where we are in breach of these Terms and Conditions and the breach is not capable of remedy, or if we are in breach of these Terms and Conditions and fail to remedy that breach within 7 days of receiving written notice from you requiring us to remedy the breach.

4.7 We may immediately suspend or terminate any order or agreement for us to supply you with Products:

(a) if you are in breach of these Terms and Conditions (including any Product Terms and Conditions) and the breach is not capable of remedy or is a material breach; or

(b) if you are in breach of these Terms and Conditions and fail to remedy that breach within 7 days of receiving written notice from us requiring you to remedy the breach,

4.8 Unless otherwise stated, upon termination of any order or agreement for us to supply you with Products:

(a) where such termination is pursuant to clause 4.7(a) or 4.7(b) you must pay any unpaid amount of the Fees to us which would be owing over the remainder of the Term had such termination not occurred and you agree that, if an authorisation has been given in accordance with clause 4.5, the Fee may automatically be charged to your credit card or direct debited from your nominated bank account; or

(b) if the order or agreement is terminated under clauses, 4.6 or 4.7(c) then you must pay the Fee incurred up to the date upon which termination becomes effective only. We will refund you any unused portion of the Fee that you have prepaid, and which relates to any period after the effective date of termination.

5. Your use of the Platform

5.1 You are provided with access to and are authorised to access, view and download material contained on this Platform only for your personal, non-commercial use. Without limiting the foregoing, you may not, without our written permission, on-sell any information obtained from this Platform, use any data mining robots or other extraction tools or metatag or mirror the Platform.

5.2 You must take your own precautions to ensure that the process which you employ for accessing this Platform does not expose your computer or other device to the risk of viruses, malicious computer code or other forms of interference which may damage your equipment. We do not accept responsibility for any interference or damage to your equipment which arises in connection with your use of this Platform or any linked platform or website.

5.3 When through our Platform you access a website or platform promoting or providing information in relation to services provided by third parties, your browser may automatically direct you to a new browser window that is not hosted or controlled by us. We are not responsible for the functionality or safety of those sites.

5.4 You must not use this Platform, in breach of any laws or regulations or to transmit unsolicited emails/spam or other electronic messages or to defame, abuse, harass, threaten or otherwise harm any person.

5.5 You must not use any information on the Platform for the purposes of competing with us in any manner, or building a similar database of properties.

5.6 You agree that we may modify the Platform, and any goods or services offered, and may discontinue operation of the Platform (or part thereof) at any time. We may also restrict your use of some or all functionality of the Platform and subsequently it at our discretion.

6. Warranties and Disclaimers

6.1 We do not make any representations or warranties that your access to the Platform will be uninterrupted, timely, secure or error free.

6.2 You agree that we will not be liable or responsible for any failure in, or delay to, the provision of the Platform for any Products or in us complying with our obligations under these Terms and Conditions where such failure or delay has arisen as a direct or indirect result of:

(a) fire, earthquake, storm, flood, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;

(b) denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;

(c) a significant demand being placed on our services which is above the usual level of demand and which results in a failure of our software and hardware to function correctly; or

(d) any other circumstances or event similar to the above which is beyond our reasonable control.

6.3 To the extent permitted at law, we do not guarantee and disclaim any representation as to the accuracy or reliability of any information contained on the Platform, including information and images relating to any Listed Property, submitted by third parties. It is your responsibility to conduct your own research and make your own enquiries (including conducting any searches, liaising with state authorities, engaging conveyancing or legal professionals) before deciding to engage in the negotiations for or purchase of a Listed Property.

6.4 Any editorial or similar content appearing on or through our Platform is of general nature only and does not consider your particular financial or personal needs. This content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content.

6.5 To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms and Conditions. However, if a supply under these Terms and Conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended or replaced from time to time), nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

(b) in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired,

(c) and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.

6.6 Subject to clause 6.3, and to the extent permitted at law, our liability to you arising directly or indirectly under or in connection with these Terms and Conditions or otherwise in connection with or in any way relating to the Platform or any of Products, and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity;

(a) is limited and excludes all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with these Terms and Conditions or otherwise in connection with or in any way relating to the Platform or any Products.

(b) is limited in such that our total aggregate liability under or in any way connected with these Terms and Conditions or otherwise in connection with or in any way relating to the Site or any of the Products is limited to the total amounts you have paid to us for Products that are the subject of the relevant claim.

7. Links and advertisements

7.1 This Platform may contain links to other platforms and websites, including but not limited to those providing services and Products. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with those linked platforms and websites.

7.2 Our links with linked platforms and websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked platforms, or of any information materials, products or services referred to or accessible through those linked platforms and websites, unless and to the extent stipulated to the contrary.

7.3 Responsibility for the content of advertisements appearing on through the Platform rests solely with the advertisers. The placement of an advertisement does not constitute a recommendation or endorsement by us of the advertiser’s products and each advertiser is solely responsible for any representations made in connection with its advertisements.

8. Intellectual property rights

8.1 “HOMESTA”, including any logo version of each such trade mark, is our trade mark or used by us exclusively under licence and may not be used by you without our prior written consent.

8.2 Copyright in this Platform is owned by us. Except as expressly authorised under such legislation, by these terms and conditions or with our prior written permission, you may not in any form or by any means reproduce, adapt, store, distribute, print, display, perform, communicate to the public or create derivative works from the Platform or any of its content.

8.3 We do not claim copyright or ownership of other intellectual property rights in respect of third-party content (including trade marks and logos of third parties) appearing on the Platform, which remain the proprietary rights of the respective third parties concerned.

9. Your Content

9.1 If you provide us with or agree that we may use (including where we have sought your consent) any material or content (which may include text, data, files, images, photographs and audio-visual material) ("Your Content") for inclusion on the Platform or reproduction on or in connection with any other material, you grant us a royalty-free licence to use, reproduce and communicate that content on the Platform or for such other purpose as Your Content is provided. We shall not be obliged to use, display or retain any of Your Content so supplied on the Platform. You warrant that Your Content will not infringe any third party’s intellectual property or other rights and that you have all necessary consents and permissions to have that material appear on the Platform.

9.2 You must not:

(a) upload, post, transmit or otherwise make available on the Platform any content that:

  • (i) is defamatory;
  • (ii) promotes, encourages or provides information about unlawful conduct or activities;
  • (iii) infringes any third party's intellectual property rights (including Moral Rights under the Copyright Act) or breaches confidentiality;
  • (iv) includes a photograph or other likeness, or personal information of another person without their consent;
  • (v) contains pornography, nudity, sexual acts or references;
  • (vi) incites hatred or discrimination against any person or group of persons;
  • (vii) contains any unsolicited or unauthorised advertising or promotional material;
  • (viii) misrepresents your relationship with any person;
  • (ix) is misleading, false or deceptive (whether by representations or omissions) or materially incorrect; or
  • (x) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

(b) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Platform.

9.3 Except to the extent that we are contractually obligated otherwise, we reserve the right to remove any of Your Content that you may post at any time without notice to you.

10. Indemnity

10.1 You agree to fully indemnify and hold us 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 and any breach by you of these Terms and Conditions.

11. Privacy Policy

11.1 We may collect some personal information from you. We will do this and use this information only in accordance with our privacy policy which can be accessed here /privacy.

11.2 Personal information which we collect may be aggregated for analysis but in such circumstances, we would ensure that no personal information is used.

11.3 All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.

12. Breach of Terms and Conditions / Termination of Access

12.1 In addition to any other right of termination in these Terms and Conditions, either party may terminate this agreement upon the occurrence of any of the following events:

(a) Failure by the other party to perform any obligation hereunder where such failure is not rectified within 30 days of notice from the terminating party requesting rectification; or

(b) Any insolvency event occurs in respect of the other party.

12.2 Termination does not affect existing rights of the parties.

12.3 Without limiting any other remedy available to us at law, if we reasonably consider that you have breached any of these terms and conditions, we may take such action as we deem appropriate to deal with the apprehended breach, including, but not limited to suspending your access to the Platform, preventing computers using your IP Address or blocking any device from accessing the Platform, and contacting your internet service provider to request that your access to the Platform be blocked.

12.4 Without limiting the foregoing, you acknowledge that we may terminate the operation of, and hence your access to, this Platform (whether temporarily or permanently) at any time by us without notice. We will not be liable to you for doing so.

12.5 Those of the terms and conditions that are capable of surviving termination will survive any such termination.

13. Waiver, Severance and Assignment

13.1 Our failure to take action with respect to any breach by you or others does not waive our rights to take action with respect to subsequent or similar breaches.

13.2 If any part of these terms and conditions are found to be void, unlawful or unenforceable then that part will be deemed severed from the remainder of these terms and conditions and will not affect the validity of the remaining provisions.

13.3 In the event that we merge, sell or otherwise change control of our business or company or this Platform, we reserve the right and you hereby consent to us transferring, assigning or sublicensing the rights to use of any personal information and/or User Content that you have provided to us. You agree that we shall have the right to assign, transfer or novate the rights that we have under these Terms and Conditions.

14. Governing Law

14.1 These terms and conditions are governed by the laws in force in Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of that State.

15. Amendments to Terms and Conditions

15.1 No terms and conditions sought to be imposed by you shall bind us unless we agree to same in writing.

15.2 We reserve the right to vary or amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Platform. Your continued use of the Platform following such notification will represent an agreement by you to be bound by these Terms and Conditions as amended.

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Last update: 09 June 2022