General Terms and Conditions

homesales.com.au, a division of carsales.com Ltd, ACN 074 444 018 ("homesales") Web Site Terms and Conditions of Use ("Terms and Conditions")

1. Your acceptance
   1. homesales’ web site www.homesales.com.au ("Web Site") is owned and operated by carsales.com.au and is hosted on a server in the State of Victoria, Australia. The use of the Web Site and any material, communications, calculators, links or information contained on the Web Site including any property listings ("Content") is governed by the law of the State of Victoria, Australia.
   2. By using, browsing or accessing any part of the Web Site or the Content you agree to be bound by these Terms and Conditions. If you sign up as a seller on the Web Site you agree to be additionally bound by the Sellers' Terms and Conditions which can be found at: http://www.homesales.com.au/about/sellers-terms-and-conditions.aspx 
   3. homesales may, from time to time, review and update these Terms and Conditions to take account of new laws and technology. You acknowledge and agree your use of the Web Site or the Content will be governed by the most recent Terms and Conditions posted on the Web Site.
   4. The Web Site operates as a link between private sellers and buyers of real estate. You, as an individual, may use the Web Site to facilitate this process via the services offered on the Web Site.
   5. homesales is not, and does not act as, your agent, nor does homesales receive any commissions for any sale facilitated through use of the Web Site.
2. The Web Site
   1. You acknowledge that you enter and use the Web Site entirely at your own risk. The Web Site is subject to change at any time without prior notice and may contain errors.
   2. homesales makes no warranty or representation concerning the Web Site's availability or that the Web Site will be free of defects in operation or design.
   3. homesales cannot guarantee the safety of computer systems of users of the Web Site. homesales does not accept liability for any loss or corruption of electronically stored data or any damage to any computer system sustained in connection with the use of the Web Site.
3. Transactions on the Web Site

 

a) Transactions on the Web Site 
homesales is not responsible or liable for any transaction (including purchase and delivery) you enter directly with either:

• an individual or business that has listed their property on the Web Site;
• or an individual or business listing or advertising its products or services on the Web Site.
• homesales makes no warranties or representations in relation to the services or products of businesses listed or advertising services or products on the Web Site. homesales accepts no liability for prices charged or services provided by such listed businesses.
• homesales has no interest, whether direct or indirect, in any of the businesses listed on the Web Site.

 

b) Links

• The Web Site may contain links to other web sites. homesales provides those links as a ready reference for searching products and services on the internet and not as an endorsement of those web sites, their operators or the goods and services that they describe. Web sites which are linked to the Web Site are not covered by these Terms and Conditions, and may have their own terms and conditions and privacy policy by which they operate. If you choose to access these linked sites, you do so at your own risk. homesales is not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods and services that they describe. homesales is not responsible for and will not be liable in respect of any incorrect link to an external web site.
You are not permitted to link to or frame the Web Site without homesales’ express written permission.

 

c) Privacy
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

d) Intellectual Property

• All intellectual property rights, including copyright and patents, in the Web Site, the Content and all components of it are owned or licensed by homesales. You must not copy, modify or transmit any of the Content or the Web Site without Homesales’ written permission.

 

• The Web Site contains trade marks, logos, service names, trade names of homesales or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos, service names or trade names appearing on the Web Site. 

  

e) Web Site Licence
homesales grants you a non-exclusive and non-transferable licence to use the Web Site for your own personal use subject to the restrictions specified in these Terms and Conditions. You may not download (other than page caching) or modify the Web Site or any portion of the Web Site.

f) Content
homesales is not responsible for and makes no warranty or representation in relation to the accuracy, completeness, currency or suitability of any Content and excludes all liability (including in negligence) for any reliance or decisions made based on such Content.

a. By using the Web Site you agree to:

• exercise appropriate judgment in obtaining or using Content, including ascertaining the currency of the Content; and
• obtain independent professional advice on any purchase of any property advertised on the Web Site before entering into any such purchase.

 

b.homesales does not and cannot review all Content posted to or created by users or customers for the Web Site and excludes all liability (including in negligence) in respect of the Content. If you have a complaint regarding any Content displayed on the Web Site or otherwise communicated through the Web Site, homesales’ sole obligation will be to review any written complaint notified to it and if it sees fit, in its sole discretion, modify or remove the particular Content.
c. homesales reserves the right to list content from third parties and links to third party websites.
d. homesales reserves the right to block or immediately remove from the Web Site Content that it considers are or may be in its sole discretion:

• abusive, defamatory, or obscene;
• fraudulent, deceptive, or misleading;
• in violation of a copyright, trade mark or other intellectual property right of another party;
• in violation of any law or regulation;
• in breach of these Terms and Conditions or the Sellers' Terms and Conditions; or
• offensive or otherwise unacceptable to homesales.

 

g) Prohibited Using:
In using the Web Site and Content you must not:

engage in any commercial activity including marketing, advertising or commercial promotion of products or services, resale, collect and use any product lists or pricing for the benefit of other individuals, data mine or use robots or other data collection methods;
a. impersonate or falsely claim to represent a person or organisation;
b. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
c.post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Web Site in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
d. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.

h) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY LAW, HOMESALES EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR REPRESENTATIONS CONCERNING:

• AVAILABILITY OF THE WEB SITE:
• QUALITY, COMPLETENESS, ACCURACY OR SUITABILITY OF THE WEB SITE OR CONTENT
• MERCHANTABILITY OR FITNESS FOR PURPOSE IN RELATION TO THE WEB SITE OR THE CONTENT;
• ALL LINKS TO OR FROM THE WEB SITE;
• THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEB SITE; AND
• TITLE TO PROPERTIES ADVERTISED ON THE WEB SITE.

a.      SUBJECT TO ANY APPLICABLE LAW WHICH CANNOT BE EXCLUDED, HOMESALES' LIABILITY IN RESPECT OF ANY NON-EXCLUDABLE WARRANTIES OR CONDITIONS RELATING TO 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 IS LIMITED TO RESUPPLYING THE RELEVANT CONTENT OR THE REASONABLE COST OF RESUPPLYING THE RELEVANT CONTENT, WHICHEVER HOMESALES SEES FIT TO PROVIDE.

b.      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 BE $10 FOR AN AGGREGATE OF ALL CLAIMS.

c.      HOMESALES WILL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT OR INDIRECT LOST 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.

d.      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. 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.

e.      HOMESALES IS NOT RESPONSIBLE OR LIABLE FOR ANY BREACHES OF CONTRACT BY VENDOR OR PURCHASER OF A PROPERTY ADVERTISED ON THE WEB SITE.

i) Indemnity
You will fully indemnify homesales, its officers, directors, employees and sub-contractors in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

• any breach of these Terms and Conditions by you;
• your use of the Web Site; or
• without limiting the foregoing, any claim that your use of the Web Site or any Submitted Material communicated by you infringes the rights of any person (including without limitation intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).

 

j) Termination

homesales may at any time immediately terminate your account or your access to the Web Site in its sole discretion and without prior notice.

k) Jurisdiction and Law

These Terms and Conditions are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms and Conditions, their performance and subject matter.

l) Severability

Each provision of these Terms and Conditions is severable from the others and no severance of a provision will affect any other provision.