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DW & J PTY LTD (ACN 125 017 889) as trustee for HOVEA TRUST (ABN 41 024 075 450), trading as Buyer's Register and Property Buyers Register ("Buyer's Register", We", "Us") And The User being the party that has created an account with Buyer's Register ("You", "User")
A. Buyer's Register is the owner and provider of the Buyer's Register website (the "Portal"), being a web portal that connects selling agents and property buyers.
B. Buyer's Register owns all of the intellectual property in the Portal.
C. The Portal assists Users with making connections only and Buyer's Register will not be construed as, or liable as, a contracting party to any transactions between the Users.
D. Buyer's Register will provide the Portal on the terms and conditions of this Agreement.
E. The User agrees and acknowledges any connections, communications and/ or ultimate contracts initiated through the Portal are is a contract between the User and the User and Buyer's Register is merely providing a service as an introducing party via the Portal.
F. This Agreement does not afford any exclusivity to the User in terms of Service Area or Region.
Account means an Account created with Buyer's Register by You.
Agent User means a User that User that is a licensed real estate agent, a registered real estate sales person or an authorised representative of a licensed real estate agent;
Portal means the Buyer's Register smartphone, website and/ or internet web-based applications to which this Agreement relates and any related services offered by Us from time to time, if agreed;
Annual Fee means the fee payable by the Agent User on each anniversary of the Commencement Date;
Buyer User means a User of the Portal that is a potential property buyer;
Carrier means any User of broadband, telecommunications, or mobile telecommunications services that Buyer's Register or the User use.
Commencement Date means the date you created an Account with Us or accessed the Portal, whichever is earlier;
Data means the data provided by You in Your Account and data and information provided by You through Your use of the Website or Portal;
Device means any device which can utilise the Portal or is used to access the Portal;
Fee means the amount agreed to be paid by an Agent User periodically;
GST means Goods and Services Tax;
ISP means Internet Service Provider;
Term means the term of this Agreement, which shall be a yearly term from the Commencement Date, renewable each year on each anniversary of the Commencement Date, unless otherwise agreed or terminated in accordance with this Agreement;
User means You, the User of the Portal, being an Agent User or Buyer User;
We, Us and Our means Buyer's Register.
Website means Our website which can be found at www.Buyersregister.com.au
2.1 Opening an Account
You may become a User by applying to Buyer's Register to hold an Account and by creating an account within the Portal, You are indicating Your acceptance of this Agreement.
The user name must not be able to identify the Buyer User.
An Agent User must provide their license number or registration number (as applicable) as well as make payment of the Fee using PayPal before being granted access to the Portal. Your appointment as an Agent User will be subject to Buyer's Register approving You.
If We determine for any reason whatsoever that We do not wish to provide You with an Account, We will refund any monies paid by You and this will terminate this Agreement forthwith.
2.2 User Name and PasswordYou must not allow third parties to access your Account and you must not share your user name and password with any third parties.
2.3 Eligibility for Account
You must be over the age of eighteen (18) years of age and approved by Buyer's Register as a User.
2.4 Term of Agreement
This Agreement will remain in full force and effect between Us and You (and any of Our and Your successors and/ or assigns) for the Term. We have the right to terminate this Agreement, or suspend or terminate your access to the Portal, effective upon sending notice to you at the email address you provide in your Account, if you have defaulted in relation to this Agreement. Immediate suspension of Your Account will occur in circumstances of gross misconduct or material breach of this Agreement on Your part (including, for Agent Users, non-payment of Fees), or within 7 days of a default notice being issued to you (which remains unremedied after the said 7 days), should we determine, acting reasonably, the same is necessary, Upon termination of this Agreement, Your Account and right to access and use the Portal will terminate immediately. You agree that We will have no liability to You for any costs, losses, damages, or liabilities arising out of or related to our termination of this Agreement, providing that such loss or damage has not resulted from Our breach of this Agreement or Our negligent acts or omissions.
2.6 Account Information
You warrant that any information provided by You in the course of applying for an Account and in the course of using the Portal, is current, complete and accurate. You must maintain and update all information provided to Us and ensure that such information is current at all times. You must not apply to be a User under false identities or personas.
2.7 Security of Account Information
You are responsible for keeping Your Account, sign-in, information, including your passwords, secret questions and other personal information secure. Without limiting the foregoing, you agree:
2.8 Electronic Communication
We will communicate with You via electronic means to the email address provided for your Account.
For contractual purposes, You:
The foregoing does not affect your non-waivable rights.
2.9 Terminating Your Account - by Us
We may, at Our sole and absolute discretion (but acting reasonably), suspend Your ability to use the Portal or Your Account or may terminate this Agreement effective immediately and without notice to you if you cause a material breach to this Agreement, including, but not limited to:
2.10 Terminating Your Account - by You Should you wish to terminate this Agreement you may deactivate your Account and cease accessing the Portal at any time. We will make best endeavours to remove references to You in the Portal as soon as possible.
2.11 Reactivating a Suspended or Terminated Account
After any suspension or termination of your Account, You may be required to respond to an authenticating message to reactivate your Account. You agree that We will not be liable to You for any termination of this Agreement or for any restricted access to the Portal, provided that we have acted reasonably in the circumstances.
3.1 Requirements for Use of the Portal
In order to use the Portal, You:
3.2 Agent Users - Properties Available
Agent Users may provide and update a list of properties available for sale within the Portal, for consideration by Buyer Users.
Upon creation of an Agent User Account and the requirements of clause 3.1 of this Agreement being satisfied, Agent Users will be able to start using the Portal and making contact with Buyer Users.
We give no warranty or undertaking as to the quality or suitability of the Portal or any ISPs, nor do We take any responsibility regarding the listings of properties or of Buyer user property criteria. All Users are required to ensure the information provided within the Portal is true and correct.
3.3 Buyer Users - Property Criteria
Buyer Users may note the criteria for an intended property purchase as a Buyer User sees fit. The Buyer User acknowledges that Agent Users may make contact with potential property details when a property meets some and not all property criteria.
3.4 Availability of Portal
You acknowledge and agree that the availability of the Internet and your ability to use the Portal is on an "AS IS" and "AS AVAILABLE" basis. You acknowledge availability of web-based services is not guaranteed. We are not responsible for any limitations of the Internet or the service provided by Your ISP, Our ISP and/ orUser's ISP. In the event Your ISP fails to deliver any communication to Us or another party in a timely fashion, due to, but not limited to, ISP issues, Internet issues, mobile network failure or non-compatibility of your Device with the Portal, you acknowledge and agree that We shall not be liable for any loss or damage. In addition and without limiting the foregoing in no event will We be liable for any error by You in using the Portal.
You acknowledge that:
3.5 Upgrading and Modification of the Portal
We reserve the right, in Our sole discretion, to modify and/ or upgrade the Portal from time to time without notice to You. Such modifications may include removing, adding or modifying the Portal as well as upgrades. We shall have no liability to You for any modification or discontinuation of the Portal providing that such loss or damage has not resulted from Our breach of this Agreement or Our negligent acts. Continued use of the Portal following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Portal as so modified.
You agree and acknowledge that only active and financial Agent Users will be shown in the Portal.
3.6 Supply of Portal
3.7 Information Published in Portal
You agree and acknowledge that Buyer's Register is not the publisher of Your information noted in Your listing within the Portal. Buyer's Register serves as a platform/ introductory service between Agent Users and Buyer Users. Any of Your information published on the Portal is done with Your express consent and approval, or by You directly. Buyer's Register is not liable for any actions or claims by You or against You for any information published in the Portal with Your consent and You indemnify Buyer's Register from any claims or losses Buyer's Register may suffer as a result of any claims by third parties. Buyer's Register reserves the absolute right to remove or alter any information within the Portal that it deems breaches any of its standards and/ or thelaw at any time, without prior notice to You.
3.8 Technical Support
You are entitled to standard support from Us consisting of telephone help desk or on line support services, as outlined at www.Buyersreqister.com.au/support. This relates to the use of the Portal only, such as reporting of bugs or errors within the Portal.>4. USE OF THE PORTAL
We reserve the right to change content options (including eligibility for particular features) without notice.
4.2 Usage Rules
4.3 Third-Party Materials
We may provide links to third-party websites within the Portal from time to time as we see fit. You agree that We are not responsible for examining or evaluating the content or accuracy of any third party information. You hereby release Us from any and all liability or responsibility resulting from any third-party services or websites, or for any other materials, products, or services of third parties which you may use.
You agree that You will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that We are not in any way responsible for any such use by You.
4.4 Intellectual Property
4.5 License to Use Portal
4.6 Scope of License
This license granted to You for the Portal by Us is limited to a non-transferable license to use the Portal on any Supported Browser Versions as applicable that You own or control and as permitted pursuant to this Agreement. This license does not allow You to use the Portal on any Device that You or a User does not own or control, and except as provided in the Usage Rules, you may not distribute the Portal.
The rights granted to you in this Agreement are subject to the following restrictions:
4.8 Consent to Use of Data
The Agent User acknowledges there is no exclusivity afforded to them in any way. There may be multiple Agent Users that contact Buyer Users and multiple Agent Users within an area. Buyers Register makes no representation and gives no warranty regarding any exclusivity to any Users at any time.
Buyers Register does not guarantee that a User has been identified or that a User has authority to act as a User. Buyers Register cannot guarantee that any User will reply to contract from or liaise with another User. You acknowledge You may not receive an intended result from the Portal and You use the same at Your risk.
The Portal allows Users to provide feedback and ratings on other Users. We may or may not share this feedback at our absolute discretion, and we may de-identify the said feedback as we see fit.
Any feedback which indicates consistent poor ratings or reviews of You and Your conduct (both whilst using the Portal and whilst engaging in correspondences with another User at any time, using any means, may result in your Account being deactivated by Us in our absolute discretion, albeit acting reasonably. We may provide You with feedback and seek a response in our discretion before determining if Your Account will be deactivated.
You warrant that you have the legal right and authority to enter into this Agreement and to perform your obligations under this Agreement. You also warrant that any information provided by You is true and correct at all times. You warrant, if You are an Agent User, that you will keep all licenses and insurances up to date and provide us with any updated licenses or insurance policies as amended or renewed from time to time, if requested by Us and You warrant You will advise Us immediately upon any licenses or insurances being cancelled, terminated and/ or revoked.
You acknowledge that we may actively monitor the use of the Portal as we see fit.
You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Portal.
12.1 Events of Default
You will be in default of this Agreement if:
Buyer's Register may terminate this Agreement and deactivate Your Account if you default in accordance with clause 12.1 of this Agreement. Should we consider serving a default notice to You is a reasonable step to take (if We consider, acting reasonably, that the default may be remedied), should you fail to remedy the said default within 10 business days of a default notice being provided to You, We may terminate this Agreement.
12.3 Service of Default
We may issue any default notice contemplated by this clause by email to your nominated account (as advised by You to Us from time to time), with such notice to be considered served on you on the business day of transmission (or the following business day if sent outside usual business hours, being 9am to 5pm).
12.4 Default Costs
The User will be liable for all legal costs and administrative costs incurred by Buyer's Register for the issue of a default notice to the User, on an indemnity basis.
The Agreement is effective until terminated by You or Us in accordance with this Agreement, whichever occurs sooner. Your rights under this Agreement will terminate automatically without notice from Us if You fail to comply with any terms of this Agreement. Upon termination of this Agreement, you shall cease all use of the Portal.
We and our affiliates make no warranties, express or implied, with respect to content codes, allowances, the Portal, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. You expressly understand and agree that
18.1 Changes to Terms and Conditions
We may update this Agreement from time to time and any changes will be notified to you via the e≠mail address provided by you in your Account or via a suitable announcement within the Portal, such as a pop up or link to the new terms upon or prior to acceptance of a Booking. The changes will apply to the use of the Portal after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Portal and should cease accepting Bookings. If you continue to use the Portal after the date on which the change comes into effect, your use of the Portal indicates your agreement to be bound by the new terms and conditions.
If any provision of this Agreement becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions which shall continue in full force and effect.
This Agreement is governed by the laws of Western Australia. You submit to the non-exclusive jurisdiction of the Courts of Western Australia and respective states or territories where accounts are maintained or orders transacted.
The Website and Portal is targeted at Australian Agent Users only. If You are not a resident of or residing in Australia at the time of the use of the Portal, You must not use the Portal as an Agent User, but You may use the Portal as a Buyer User.
This Agreement supersedes all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of this Agreement. The recitals to this Agreement form part of this Agreement and shall be considered in interpreting any other conditions herein.
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