The following terms and conditions (“Terms and Conditions”) form a legal agreement between users of the websites http://www.nextforsale.com.au and https://propertyinvestment.com.au (“Website”) (“You” or “Your”) and Entrepreneurs HQ Limited (Reg No.: 67330694-000-03-17-5) (“nextforsale”) for the use of the Website and services provided through it.
DEFINITIONS AND INTERPRETATION Definitions In these Terms and Conditions, unless the context requires otherwise:
Agent has the meaning given to “real estate agent” in section 3 of the Property, Stock and Business Agents Act 2002. Customers means any customers of nextforsale, including but not limited to Agents, Homeowners, Inquirers and Private Advertisers and any other users of the Website. Content means any information contained on the Website, including but not limited to: Descriptions of properties for sale or which may become available for sale in the future; Advertising by private advertisers; and Links to external websites. GST has the meaning given in the GST Act. GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Homeowner means the registered proprietor of a property who has the property listed for sale. Inquirer means a person considering buying a property at some time in the future. Property means a property listed on the Website. Registration of Interest means a registration of interest by an Inquirer in respect of a Property. Submitted Material means any and all information submitted by you to nextforsale for publication on the Website.
Interpretation In these Terms and Conditions, unless the context requires otherwise:
headings are for convenience only and do not affect the interpretation of this agreement; reference to the singular includes the plural and vice versa; reference to any gender includes the other genders; reference to a person includes a corporation and vice versa; reference to a party includes that party's executors, administrators, successors and permitted assigns; every obligation entered into by two or more parties binds them jointly and each of them severally; a reference to a schedule is to a schedule to this agreement; a reference to a part, clause or other subclause is a reference to a part, clause or other subclause in this agreement; any annexures and appendices form part of this agreement; any document referred to in this agreement will mean that document as well as any other document in substitution for that document which has been approved in writing by the parties; where any word or phrase is defined in this agreement, any other grammatical form of that word or phrase will have a corresponding meaning; the words “includes” and “including” or words of similar effect are not words of limitation; and a reference to a statute, regulation or other law includes all regulations and instruments made under such law and all consolidations, amendments, re-enactments or replacements of it.
CONTENT By accessing the Website you acknowledge that:
Nextforsale is not the author of the Content and makes no warranties or representations as to the accuracy or currency of the Content;
Your use of the Website is at your own risk. Before deciding to enter into any agreement, whether for the purchase of real estate or of goods and services from a person advertising on the Website you should seek the appropriate professional advice.
The Content does not take into account your personal circumstances. The Content should not be construed as constituting financial advice.
LINKS TO OTHER WEBSITES The Website may contain links to other websites and to resources provided by third parties (together “Other Sites”). The Other Sites are linked to provide information only and are solely for your convenience. Nextforsale: has no control over; does not accept; and assumes no responsibility for, the content or products or services of Other Sites and does not accept any responsibility for any loss or damage that may arise from your use of them.
TRANSACTIONS ON THE WEBSITE Nextforsale is not responsible for any transaction you enter into directly with a Homeowner or a person advertising its products or services on the Website or liable for any loss or damage you may suffer arising out of such transaction.
LIMITATION OF LIABILITY For the purposes of this clause, “nextforsale” will mean nextforsale, its officers, employees, contractors and agents, whether individually or collectively. You acknowledge that: Your use of the Website may not result in you entering into a contract to purchase a Property. Nextforsale has no control over the terms of any contract you may enter into to purchase a Property; and Nextforsale is not liable in respect of any loss or damage you suffer as a result of any breach of a contract you may enter into to purchase a property described on the Website. Except as required under law, nextforsale makes no representations and gives no warranties expressly or implied as to the suitability of any services advertised on the Website. Any offer of or entry into an agreement and the consequences thereof with a party to whom you are introduced on the Website is entirely at your own risk. To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, nextforsale’s liability, and the liability of nextforsale’s related bodies corporate, affiliates or suppliers, to you or any third parties in any circumstance is limited to AUD$100. Except to the extent that liability may not lawfully be excluded, nextforsale will not be under any liability to you (or any of your officers, agents or employees) for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of the Website or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or nextforsale’s negligence or breach of its obligations under these Terms and Conditions. This clause will survive termination.
INDEMNITY You agree to indemnify and hold harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees: Nextforsale; any related entities or affiliates of Nextforsale; the respective officers, directors, agents, and employees of Nextforsale and/or its related entities and affifiliates, suffered by nextforsale:
as a result of any breach of these Terms and Conditions by you: as a result of your use of the Website; and/or made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of a third party. This clause will survive termination.
WEBSITE TERMS Nextforsale does not represent or warrant that:
any of the functions contained in the Website will be uninterrupted or error-free; and the Website and any other information or material contained in, downloaded or accessible from the Website, is free from computer viruses (including macro viruses) or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
INTELLECTUAL PROPERTY RIGHTS All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trade marks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements)) (whether registered or unregistered) in: the Website; subject to clause 9.4, information content on the Website; and all the Website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts), are owned by or licenced to nextforsale. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
None of the material listed in clause 9.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of nextforsale. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without the express prior written permission of nextforsale. All rights (including goodwill and, where relevant, trade marks) in the name “nextforsale” or “Next For Sale” are owned by or licensed to nextforsale. Other product and company names mentioned on the Website are the trade marks or registered trade marks of third parties. Title, ownership rights and intellectual property rights in and to content accessed using the Website is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law. Subject to the limited rights described in Clause 9.2, this Agreement gives you no rights to such content. The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works. Any material you transmit, post or submit to nextforsale either through the Website or otherwise ("Material") shall be considered (and nextforsale may treat it as) non-confidential (subject to nextforsale’s obligations under privacy legislation). You grant nextforsale a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas). All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to nextforsale by you or offered in response to solicitations by nextforsale regarding the Website ("Ideas") shall be deemed to be and shall remain the property of nextforsale and you hereby assign all existing present and future intellectual property rights in Ideas, to nextforsale. You must do all things reasonably requested by nextforsale to assure further the assignment of such rights. You understand and acknowledge that nextforsale have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that nextforsale is only willing to consider Ideas on these terms. In any event, Ideas are not submitted in confidence and nextforsale assumes no obligation, express or implied by considering it. Without limitation, nextforsale will exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
SUSPENSION AND TERMINATION If you use (or anyone other than you with your permission uses) the Website in contravention of these Terms and Conditions, nextforsale may suspend your use of the Website (in whole or in part). If nextforsale suspends your use of the Website, it may refuse to restore it until it receives an assurance from you, in a form acceptable to nextforsale that there will be no further breach of the provisions of these Terms and Conditions. Nextforsale will fully co-operate with any law enforcement authorities or court order requesting or directing nextforsale to disclose the identity or locate anyone in breach of these Terms and Conditions. Without limitation to anything else in this clause, nextforsale will be entitled immediately or at any time (in whole or in part) to: suspend the Website; suspend your use of the Website; suspend the use of the Website by persons nextforsale believes to be connected (in whatever manner) to you; terminate your right to access the Website immediately if: you commit any breach of this Agreement; nextforsale suspects, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions; or nextforsale suspects, on reasonable grounds, that you may have committed or be committing any fraud against nextforsale or any other person. Nextforsale’s rights of termination shall not prejudice any other right or remedy it may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
DISPUTE RESOLUTION Disputes with nextforsale If a dispute arises out of or relates to these Terms and Conditions or the breach, termination, validity or subject matter thereof, the parties expressly agree to endeavour to settle the dispute by mediation. singaporeThe expert shall not be the same person as the mediator. This clause shall survive termination of these Terms and Conditions. Disputes with other users of the Website Nextforsale has the right but has no obligation to monitor disputes between you and other users of the Website. In the event that you have a claim or action against another user arising from that user's use of the Website, you agree to pursue such claim or action independently of and without any demands to nextforsale, and you release nextforsale from all claims, liability and damages arising from or in any way connected to the claim or action. Nextforsale is not responsible or liable for any breaches of contract by any party to a contract or agreement in relation to a property advertised on the web site.