These are the Private Advertiser Terms on which homesales a division of carsales.com Ltd permits you to list your property ("Property") on the Web Site for sale or rent (Service). Your access to and use of the Web Site is subject to these Private Advertiser Terms and the homesales Privacy Policy.  Upon completion of the online registration and by clicking on the "I accept" button below, you agree to be subject to these Private Advertiser Terms.  By completing the online registration process, you represent and warrant that you have the right, authority and capacity to accept the Private Advertiser Terms and agree to abide by them. These terms relate solely to the Web Site and the Service and do not govern other activities or conduct via the Web Site at www.homesales.com.au

 

 

Please note: our trading hours are Monday to Friday, 9.00am to 5.00pm EST excluding Victorian public holidays. If your listing is placed outside of these times it will be approved on the next business day.

 

 

1. Your use of the Web Site 

a. homesales’ web site www.homesales.com.au ("Web Site") is owned and operated by carsales.com Limited and is hosted on a server in the State of Victoria, Australia. The use of the Web Site and any material or information contained on the Web Site ("Content") is governed by the laws of the State of Victoria, Australia. 

b. The Web Site operates as a link between private advertisers  and buyers and renters of real estate. You as an individual may use the Web Site to facilitate this process via the services offered on the Web Site for your personal and non-commercial use only. The Web Site is generally for private sellers and renters only. 

c. homesales is not, and does not act as, your agent, nor does homesales receive any commissions for any property sale or rent  facilitated by the use of the Web Site. 

d. By paying the Listing Fee and submitting to these Private Advertiser Terms, you also agree to abide by the general Web Site Terms and Conditions of Use which govern this website (available at www.homesales.com.au/about/terms-and-conditions) and agree to homesales’ use of your personal information in accordance with the homesales Privacy Policy (available at: www.homesales.com.au/about/privacy-policy). 

 

2. Changes to Private Advertiser Terms 

a. homesales may, from time to time, review and update these Private Advertiser Terms. By accessing or using homesales you agree to be bound by these terms and conditions of use as amended from time to time. Your use of the Web Site or the Content will be governed by the most recent Private Advertiser Terms. 

 

3. Changes to functionality 

a. homesales reserves the right to change the functionality of the Web Site at any time without prior written notification, except where the change relates to payment of the Listing Fee. 

 

4. Fees and payment 

a. You must pay a fee to list your Sale or Rental Property on the Web Site (Listing Fee). Payment of the Listing Fee allows you to list property on the Web Site until the Property is sold or rented or removed by homesales in accordance with the terms and conditions (Listing Period). You acknowledge that your Property will not be listed on the Web Site until homesales receives your full payment of the Listing Fee. Your Property will remain on the Web Site for the Listing Period from the date homesales receives your Listing Fee, unless you request homesales to remove the Listing sooner. You acknowledge that the Listing Fee is payable despite the termination of our agreement. You will not be entitled to a refund or credit if homesales withdraws or terminates the publication of your Listing if You were not entitled to place a Listing or You are otherwise in breach of our Agreement. 

b. You must pay the Listing Fee at the rate and in the manner set out in the application form filled in by you on this Web Site. 

c. Only one property may be listed per Listing Fee and the Listing Fee is not transferable.  homesales reserves the right to terminate your account where you attempt, whether directly or indirectly, to list more than one property for the one Listing Fee. 

d. All prices listed on the Web Site are inclusive of GST and are in Australian dollars. 

 

5. Listing Properties 

a. When Listing your property you must(i) provide all information for Your Listing (including any photographs) in the form required by homesales from time to time; (ii) describe the advertised Property accurately; (iii) comply with any relevant carsales or homesales advertising policy. 

b. By listing your Property on this website, you warrant that: (i) you are 18 years or older; (ii) you are the owner of the Property; (iii) you have entitlement to list the Property for sale or rent; (iv) you have complied with local and state government laws where the property is listed for sale or rent; and (v) all information you have provided on the Web Site in relation to the Property is correct and not misleading. 

c. You agree that within 24 hours of the Property no longer being available for sale or rent, you must notify homesales to remove that Listing from the Web Site. 

d. The full functionality of the Service can only be accessed after completion of the online registration as a user of the Web Site. homesales reserves the right to deny access or refuse Listing to any party at its absolute discretion. 

 

6. Your Account and Password 

a. You can update, edit or terminate your membership at any time but you cannot transfer your membership. 

b. It is your responsibility to keep homesales updated as to your correct email address. homesales takes no responsibility for any incorrect email address provided by you. 

c. You must maintain the confidentiality of your user ID and password information required to access your account with us, and immediately change your password if it is lost, stolen or if the confidentiality of your user ID or password are compromised in any way. You are responsible for all transactions entered into under your user ID and password. homesales accepts no liability for any cost or loss arising from the loss of your user ID or password. 

 

7. Term and termination 

a. These Private Advertiser Terms commence on completion of your online registration as a registered user of the Web Site and will continue until your registration is terminated by either homesales or you. 

b. homesales may terminate your registration for any reason and in its absolute discretion by email to you. 

c. If homesales terminates your registration because of a breach by you of these Terms, you are not entitled to a refund of any payments made by you (if any).If homesales terminates your registration for a reason other than breach by you, you may be entitled to a refund of any payments made by you up until the date of the notice of termination. 

d. You may terminate your account at any time, for any reason. This may be done online by visiting your dashboard area or contacting homesales.com.au at support@homesales.com.au or calling 1300 291 914. 

 

8. homesales Licence to use Submitted Material and monitoring of Content

 a. By uploading material or otherwise submitting any material through the Web Site (Submitted Material), you automatically grant (or warrant that the owner of such materials expressly grants) to homesales a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed. 

b. Without limiting the foregoing, you agree that Submitted Material may be used by homesales for purposes including (without limitation) marketing, research and development of goods and services. 

c. To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of homesales, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given. 

d. You warrant that any Submitted Material contributed by you will not: (i) infringe the intellectual property rights (including the moral rights) of any third party (and you have obtained consent to post any material); or (ii) breach any obligations of confidence or any other law or regulation relating to the Submitted Material. 

e. You warrant that, in relation to any moral rights, you have obtained all necessary author's consents which will allow homesales to perform all or any acts or omissions which, but for the consent, would be considered an infringement of the author's Moral Rights under the Copyright Act 1968 (Cth). 

f. homesales reserves the right to block or immediately remove communications or Submitted Material (without a refund of any payments made by you) that it considers are or may be in its sole discretion: 

i. abusive, defamatory, or obscene; 

ii. fraudulent, deceptive, or misleading; 

iii. in violation of a copyright, trade mark or other intellectual property right of another; 

iv. in violation of any law or regulation; 

v. in breach of these Sellers' Terms and Conditions or the Website Terms and Conditions of Use; or 

vi. offensive or otherwise unacceptable to homesales. 

g. homesales is not responsible for the content provided by you or any errors contained therein. 

h. homesales reserves the right to modify your Listing. All text on your Listing must be in English.

i. By accepting these Private Advertiser Terms you agree that email addresses, website addresses or commercial branding will not be displayed throughout your property listing.   

 

9. Privacy 

a. Any Personal Information submitted by you via the Web Site will be handled in accordance with homesales’ Privacy Policy which is set out on the Web Site at www.homesales.com.au/about/privacy-policy. 

 

10. Access 

a. homesales does not warrant that users will have continuous access to the Web Site. Homesales will not be liable in the event that the Web Site is unavailable due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies. 

b. homesales does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communications (including email) are vulnerable to interception by third parties and homesales does not guarantee the security of these communications or the security of the Web Site. 

 

11. Disputes 

a. homesales has the right but has no obligation to monitor disputes between you and other registered users. 

b. In the event that you have a claim or action against another user arising from that user's use of the Web Site or the Service, you agree to pursue such claim or action independently of and without any demands to homesales, and you release homesales from all claims, liability and damages arising from or in any way connected to the claim or action. 

c. homesales 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. 

 

12. Indemnity 

a. You agree to indemnify and keep indemnified homesales against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against homesales or which homesales must pay, sustain or incur as a direct or indirect result of your use of the Web Site or Service. 

b. You agree to give full cooperation and provide homesales with reasonable assistance in conducting the defence of such a claim. 

 

13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY 

a. TO THE FULL EXTENT PERMITTED BY LAW, HOMESALES HEREBY EXCLUDES ALL GUARANTEES, TERMS, REPRESENTATIONS OR WARRANTIES THAT WOULD OTHERWISE ARISE OR BE IMPLIED BY LAW IN RELATION TO THE SUPPLY OF GOODS OR SERVICES UNDER THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR REPRESENTATIONS CONCERNING: 

i. AVAILABILITY OF THE WEB SITE: 

ii. QUALITY, COMPLETENESS, ACCURACY OR SUITABILITY OF THE WEB SITE OR CONTENT 

iii. MERCHANTABILITY OR FITNESS FOR PURPOSE IN RELATION TO THE WEB SITE OR THE CONTENT; 

iv. ALL LINKS TO OR FROM THE WEB SITE; 

v. THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEB SITE; AND 

vi. TITLE OR RIGHTS TO PROPERTIES ADVERTISED ON THE WEB SITE. 

b. TO THE EXTENT THAT IT CANNOT BE EXCLUDED, HOMESALES’ LIABILITY IN RESPECT OF ANY GOODS OR SERVICES IS, TO THE FULL EXTENT PERMITTED BY LAW, LIMITED AT HOMESALES’ OPTION, TO (i) REPLACING OR REPAIRING THE RELEVANT GOODS, (ii) SUPPLYING GOODS EQUIVALENT TO THE RELEVANT GOODS, (iii) SUPPLYING THE RELEVANT SERVICES AGAIN OR (iv) PAYING THE COST OF SUCH REPLACEMENT, REPAIRS OR SUPPLY. 

c . FOR ALL OTHER CLAIMS OR LIABILITY, THE MAXIMUM LIABILITY OF HOMESALES AND ITS RELATED BODIES CORPORATE FOR ANY LOSS, DAMAGE, CLAIM, COST OR EXPENSE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEB SITE, THE CONTENT, ALL LINKS TO OR FROM THE WEB SITE AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEB SITE WILL, TO THE FULL EXTENT PERMITTED BY LAW, BE LIMITED TO $10 FOR AN AGGREGATE OF ALL CLAIMS. 

d. TO THE FULL EXTENT PERMITTED BY LAW HOMESALES WILL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS PROFIT, EXEMPLARY OR PUNITIVE DAMAGES, DELETION OR CORRUPTION OF ELECTRONICALLY OR DIGITALLY STORED INFORMATION, OR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE, THE CONTENT, ALL LINKS TO OR FROM THE WEB SITE AND THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEB SITE. 

e. WHILE HOMESALES TRIES TO KEEP THE WEB SITE UP TO DATE AND CURRENT, HOMESALES DOES NOT WARRANT THE ACCURACY OF INFORMATION PROVIDED ON ITS WEB SITE. TO THE FULL EXTENT PERMITTED BY LAW HOMESALES DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE WHICH MAY BE SUFFERED BY ANY RELIANCE ON ANYTHING CONTAINED IN OR OMITTED FROM THE WEB SITE OR EXTERNAL LINKS. 

f. HOMESALES DOES NOT GUARANTEE THE SUCCESSFUL SALE OR RENTAL OF YOUR PROPERTY THROUGH THE WEB SITE. AS HOMESALES IS NOT, AND DOES NOT PURPORT TO BE, A REAL ESTATE AGENT, YOU SHOULD NOT RELY ON ANY INFORMATION OBTAINED DIRECTLY FROM THE WEB SITE - YOU SHOULD OBTAIN INDEPENDENT PROFESSIONAL REAL ESTATE ADVICE FROM A QUALIFIED REAL ESTATE AGENT, PROPERTY VALUER OR CONVEYANCER. HOMESALES DOES NOT MAKE ANY WARRANTIES AS TO THE QUALITY OF ADVICE OF THE BUSINESSES AND PROFESSIONALS WHO ADVERTISE OR ARE LISTED ON THE WEB SITE. 

g. TO THE FULL EXTENT PERMITTED BY LAW, HOMESALES TAKES NO RESPONSIBILITY FOR LATE DELIVERY OF SALE OR RENTAL BOARDS. 

h. TO THE FULL EXTENT PERMITTED BY LAW, HOMESALES MAKES NO GUARANTEE, REPRESENTATION OR WARRANTY AS TO THE ADVICE OR INFORMATION PROVIDED BY HOMESALES IN EMAIL UPDATES TO YOU – YOU SHOULD OBTAIN INDEPENDENT PROFESSIONAL ADVICE IN RELATION TO THE SALE OR RENTAL OF YOUR PROPERTY; 

I. HOMESALES MAKES NO GURANTEE, REPRESENTATION OR WARRANTY WHATSOEVER AS TO: (i) THE NATURE, IDENTITY, TYPE, SUITABILITY AND CAPACITY TO PAY OF ANY PERSON WHO MAY RESPOND TO YOUR LISTING; or (ii) THE GUARANTEES, REPRESENTATIONS OR WARRANTIES OF OTHER CUSTOMERS OF THE WEB SITE AS TO TITLE OR ENTITLEMENT TO SELL. 

 

14. Jurisdiction 

a. These Private Advertiser Terms will be governed by the law of the State of Victoria, Australia, and any dispute arising out of the use of the Web Site or the Service will be determined by the courts of that State and their appellate courts. 

 

15. Service Terms and conditions 

 

a. Signboard Terms and Conditions 

i) When you list your Property for sale with homesales, you will receive a corflute for sale sign from homesales.  If you list your property for rent with homesales, you may order a corflute for rent sign from homesales for an additional cost. 

ii) It is your responsibility to install the corflute sign. You may keep the corflute sign once the property is withdrawn from homesales.

 iii) Your corflute sign will be delivered by courier.  homesales takes no responsibility for the loss or damage of items once they have left the courier. Please ensure the delivery address is occupied during business hours for receipt of goods otherwise your order will be left at your front door and we take no responsibility for missing orders once delivered.

iv) When you list your Property for sale or rent on homesales you may order a Signboard (For Sale Stock Board, Photo Signboard or Open for Inspection Signboard).  Signboards remain the property of homesales at all times, and may be hired for a maximum of 6 months at a time. 

iii) Signboard(s) Creation 

By submitting a request to homesales for a Signboard, you accept these terms and conditions, and agree to homesales creating and designing a Signboard for your Property on your behalf. 

v) You agree that any information required by law will be displayed on your Photo Signboard(s) e.g. where to obtain your Property’s sustainability document.

vi) It is your responsibility to obtain any Council and/or Body Corporate approval required prior to the ordering and installation of a sign or Signboard(s).

vii) It is your responsibility to pay for any costs to repair or replace your sign or Signboard(s) if they are damaged. 

viii) If your Signboard(s) has been stolen, you will incur the cost of replacing the board.

ix) You agree:

·         to ensure that the Signboard installers have full access to the property to conduct the signboard installation as required;

·         that if no specific instructions are entered during the listing process in relation to a For Sale Stock Board or Photo Signboard, the Signboard installer will install the board at their best discretion – Signboards are only installed on the ground

·         fees may apply if the Signboard needs to be moved/relocated after it has been installed;

·         if a Signboard is required to be relocated or removed, homesales must be contacted - the boards are not to be relocated or removed by anyone other than a homesales representative. If you or any third person moves a Signboard, you will be liable for any damage to the board/property/persons that may occur during or after the event.

·         not to tamper with the Signboard, ie: adding phone numbers, stickers, etc; and

·         to notify homesales.com.au within seven days from the time you require the Signboard(s) to be removed.

x) Public holidays and timings 

homesales Signboard installers operate between the hours of Monday to Friday 9am to 5pm EST. They do not operate on public or national holidays. homesales will endeavour to install the Signboard within 10 business days upon receiving the photographs required for the Photo Signboard. 

xi) Phone numbers, email addresses or web addresses

homesales does not permit any email addresses, or web addresses on any of the Signboards besides that of homesales.com.au.

xii) Rural Locations

In areas not serviced, your Signboard(s) will be replaced with a self-installed professional flat-pack. The Self Installed Flat-Pack is yours to keep.

 

 

b. Photography Terms and Conditions

i) Photography appointments 

If you purchase a Professional Photography package from homesales, you agree to provide homesales with at least 24hours notice of any change required to the scheduled appointment.  If you do not provide homesales with at least 24 hours notice, you agree that a $70 cancellation fee is payable to homesales.

ii) Advertiser Contact 

The homesales Professional Photographers require access to the property advertiser throughout the photo shoot. The property advertiser agrees to be accessible via phone or in person during the photo shoot. 

iii) No access 

If a Photographer attends your property and is unable to access the property for any reason you will forfeit the full payment for the photography service.  

iv) By accepting these terms you agreehomesales Professional photographers will choose the best quality images taken from your property photo shoot to be displayed on your property listing on homesales.com.au.

v) By agreeing to these terms and conditions you accept the quality provided by the photographers to be sufficient.

vi) General Cleanliness of the property 

Properties are to be presented in a clean and tidy manner. The advertiser authorises the homesales Professional Photographer to move items such as tea towels, fridge magnets, fruit bowls etc during a photography shoot for better quality photos. Prior to a photography shoot, all vehicles must be cleared from the driveway and front yard of the property.

v) Photographers safety 

During the photography shoot, the advertiser agrees that: 

•       All pets will be locked away to ensure the safety of the photographer during the shoot;

•       All hazards will be removed from the property - for example building materials, etc; 

•       The property will be connected to mains power; 

•       If at any time the safety of the homesales representatives are jeopardised or they are a witness to illegal items or activity the photography shoot will be abandoned and the appropriate action will be taken. 

vi) Public holidays and timings 

homesales Professional Photographers operate between the hours of Monday to Friday 9am to 5pm EST. They do not operate on public or national holidays. 

 

c. Property Reports and Suburb Data Terms and Conditions 

i) When you list your Property for sale on homesales you will receive a Detailed Roperty Report.  If youlist your Property for rent on homesales you may order a Detailed Property Report for an additional cost.

ii) Detailed Property Reports 

The data and estimate supplied by our third party supplier Residex in the detailed Property Report (Right Price Report) and suburb median values should be used as an estimated guide only and not a sworn valuation. 

homesales is not responsible for the estimates in these reports or the price which a seller advertises their property for. 

 iii) Residex will provide a Right Price Report for Residential Land, Home Units, Houses and Townhouses and the like. However, Residex will not be able to provide a Right Price Report in some situations. The reasons for this may be that:

•       there are too few properties to allow a statistical price estimation in the area where the property is located;

•       there have been too few sales in the suburb or area in the last 12 months (less than 5) or where there have been few sales there, less than 5 which are in any way similar; or

the property is not a typical residential property. For example, the residential property has farming land attached or included; parts of it are rented as overnight or long term accommodation; parts of it are rented/leased as commercial office space, retail space or for light industry; part of the property provides tourist attractions and generates revenue from that attraction or by some other means generates revenue; the property comprises a number of residential dwellings be they townhouses, units or houses; the property has land content which is significantly larger than normal for the area; and the property is land with a DA approved for the development of houses or medium density houses or units and or the development has not been started and/or started but not completed.

 iv) Where Residex, for whatever reason is unable to provide a Right Price Report it will provide the sales information for the last 2 years for properties it holds within at least the Postcode area of the subject property or at its discretion, such other information as it believes may be relevant.

v) In rare occasions, Residex will not be able to produce any type of report. If a property report is unable to be created, the customer has the option to create a report on another property. 

vi) Reports for most vacant land, regional or rural areas will contain similar property pricing for the area and may not display an estimated price.

vii) Property Reports cannot be created for commercial properties or properties where a business forms part of the property value. 

 For further information visit www.findmeahome.com.au/html/disclaimer.html

 viii) Delivery of Property Reports 

Your detailed Property Report will be emailed to your requested email address within approximately 24 hours or the following business day of homesales approving your property advertisement. This timeframe may be delayed due to it being supplied by a third party which is outside of our control. This may include force majeure events or downtimes for scheduled or unexpected maintenance.  homesales.com.au will not be held responsible for the above delays. 

If your Property Report is based on vacant land, regional or rural areas, the report may take longer to be emailed to you from the time your property advertisement is approved by homesales.

 

 d. Agents and Commercial Customers

 By accepting these terms and conditions, agents and commercial customers agree that they will not be entitled to the services provided unless the fees for service are paid. 

February 2012 
Version 1