Terms and Conditions
An agreement for the supply of Services will be formed upon you returning a completed and signed Quote to us, on the terms described in clause 1.2.
The Agreement may only be amended in writing, signed by you and us.
In the event of any inconsistency between these Terms and Conditions or the Website Terms and Conditions and the Quote, the Quote will prevail to the extent of such inconsistency.
In the event of any inconsistency between these Terms and Conditions and the Website Terms and Conditions, these Terms and Conditions will prevail to the extent of such inconsistency.
2. EXPLANATION OF TERMS
Terms used within these Terms and Conditions have the following meaning, unless otherwise indicated:
Advertising means advertising in the form submitted to us by you for the purposes of display on the Site or a third party's site, and includes (without limitation) text, images, video files, audio, data and content and any combination of them.
Agreement has the meaning given to it in clause 1.2.
Australian Consumer Law means the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Quote means a quote for services provided by us to you.
Services means the Services provided by us as set out in these Terms and Conditions and the Quote.
Site means the current website of [Thehomepage.com.au], and which includes any pages or sites linked to the Site that are owned or operated by us, but does not include any sites owned or operated by third parties.
Terms and Conditions has the meaning given to it in clause 1.2.
We, us or our has the meaning given to it in clause 1.2.
Website Terms and Conditions means the terms and conditions for the Site, as updated from time to time.
You means the person or entity specified in the Quote.
This Agreement commences on the contract start date specified in the Quote and will continue for the period specified in the Quote, unless terminated earlier in accordance with clause 3.2.
Either you or us may terminate this Agreement in writing if the other party breaches a material term of this Agreement and fails to rectify that breach within 14 days of a written request from the other party. For the avoidance of doubt, failure to pay any money due and payable constitutes a breach of a material term of this Agreement.
Upon expiry of the initial term specified in the Quote, this Agreement will automatically revert to a month by month agreement (and otherwise on the same terms) until terminated by either party by giving 30 days’ written notice.
Subject to these Terms and Conditions, we will use reasonable endeavours to publish Advertising in the format and in the position agreed with you. However, we reserve the right at all times (acting reasonably) to vary the placement of Advertising on the Site or to change the format of Advertising.
Neither these Terms and Conditions or any Quote on their own represents an agreement to publish Advertising. An agreement in respect of specific Advertising will only be formed between us and you when we accept the Advertising in writing or generate a tax invoice for that Advertising.
Advertising submitted electronically must comply with our specifications, as disclosed to you from time to time.
For online banner and display Advertising, you must submit creative materials at least 5 business days before the date on which the Advertising is to be published on the Site.
To the extent that the Quote accepted by you is for an 'Individual Feature Listing', we agree to upgrade your nominated property listing so that it appears as approximately twice the size of our standard free property listings and contains enhanced agency colours the logos for the duration of the listing.
To the extent that the Quote accepted by you is for a 'Feature All Listing', we agree to automatically upload all new listings to the Site as Individual Feature Listings in accordance with clause 4.5 for the duration of the term of the Agreement as specified in the Quote.
To the extent that the Quote accepted by you relates to “mypropertyaddress”, we will facilitate creation of an individual website for the nominated property through the website www.mypropertyaddress.com.au. By agreeing to purchase this Service, you warrant that you have reviewed, understood and accepted the terms and conditions applicable to www.mypropertyaddress.com.au and you acknowledge that we are not the owner of, and do not have direct control of or responsibility for this website.
Where we provide you with a Quote for 'Banner Advertising', we agree to place a banner ad on the Site advertising your business, which will link directly through to the URL nominated by you.
We reserve the right to suspend delivery of the Services in the event that you fail to make any payment owing to us on the due date for payment.
The purchase price for the Services is the price set out in the Quote ("Purchase Price") and is payable in the manner set out in the Quote.
Where you have elected to pay the Purchase Price using credit card by providing your credit card details on the Quote, over the phone, through the Site or by other means, you authorise us to charge your credit card for the full amount owing for the Services.
Unless otherwise expressly stated in the Quote, the Purchase Price is specified on a GST-exclusive basis and, if GST is payable in respect of our supply of the Services, you must also pay us to us an amount equal to the GST payable on the supply of the Services at the same time as paying the Purchase Price.
If you fail to pay the Purchase Price in full in accordance with the Agreement, you must pay to us on demand any costs, expenses or losses which have been, or are likely to be, incurred by us as a result of that failure including costs associated with the collection of any outstanding amounts and agree that we may (without prejudice to any other rights or remedies that we may have) charge interest on the overdue amount at a rate equal to the rate specified by the Attorney-General of Victoria under section 2 of the Penalty Interest Rates Act 1983 (Vic) plus 2%.
6. USE OF SERVICES
Your use of the Services is subject to the Agreement, all applicable laws and regulations and industry codes and standards.
You acknowledge and agree that you are solely responsible for the content of any material provided to us.
Whilst we use reasonable endeavours to ensure that the Site is available continuously, we do not make any representations or warranties that access will be uninterrupted, timely, secure or error-free.
We reserve the right to change or discontinue the Site or any feature or service available on the Site at any time.
7. WARRANTIES AND ACKNOWLEDGEMENTS BY YOU
- warrant that you have read and understood the Quote and these Terms and Conditions;
- warrant that all information you have provided to us in relation to the Services is true and accurate and you acknowledge and agree that we have relied on that information in providing the Quote and supplying the Services;
- acknowledge and agree that we reserve the right to remove any information or material uploaded to the Site without prior notice, including (without limitation) artwork, video and image files, if that information or material does not comply with our requirements as set out in the Website Terms and Conditions and these Terms and Conditions;
- warrant that you own all intellectual property rights in the Advertising and that our display of the Advertising in accordance with the Agreement will not breach the intellectual property rights, other proprietary rights or privacy rights of any third party; and
- warrant that you have read, understood and agreed to the Website Conditions of Use, which may be accessed by clicking here, and you acknowledge and agree that the Website Conditions of Use form part of the Agreement.
8. RELEASE AND INDEMNITY
To the extent permitted by applicable 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 the Agreement. However, if a supply under the Agreement is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in the Agreement 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:
- in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
- in the case of 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,
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.
Subject to clause 8.1, and otherwise to the extent permitted by applicable law, we exclude liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including loss of revenue, loss of goodwill, 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 or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person:
- in connection with errors, omissions or inaccuracies contained in any information (including Advertising) published on or made available via the Site;
- in connection with any disruption to or unavailability or failure of the Site or Services or interference with or damage to computer systems or other electronic devices;
- as a result of any fraudulent use, misuse or misappropriation of any Advertising;
- as a result of any act committed by another person in connection with your use of the Site or Services;
- arising from any circumstance beyond our control;
- otherwise in connection with your use of the Site; and/or
- otherwise under or connection with the Agreement.
You agree to indemnify and at all times keep indemnified and hold us, our related entities, shareholders, directors, employees, agents and representatives ("the indemnified") harmless from and against any loss or claim that they may sustain or incur as a result whether directly or indirectly, of any of the following:
- any loss of or damage to any property or injury to or death of any person caused by any fraud, negligent act or omission or wilful or serious misconduct by you or your personnel in connection with the Agreement or the Services;
- liability arising from a breach or contravention by you or your personnel of any applicable law or any obligation under the Agreement;
- claims, actions or proceedings by your personnel against any of the indemnified,
- a breach by us of a material obligation under the Agreement; or
- fraud or negligence by us.
except to the extent that the loss or claim arises directly from:
The provisions of the exclusions of liability and indemnity will survive any termination of this Agreement.
9. INTELLECTUAL PROPERTY
You acknowledge and agree that, by providing us with the Advertising or any other materials or information for display on the Site, you grant us a licence of that Advertising, information or materials on the terms set out in the Website Terms and Conditions, and make the warranties in relation to that Advertising, information or materials set out in the Website Terms and Conditions.
The Agreement is governed by and is to be construed in accordance with the laws of Victoria, Australia. You and us agree to submit to the exclusive jurisdiction of the Courts of Victoria.
If any provision of the Agreement is held by a court of competent jurisdiction to be illegal or unenforceable in any way then that provision will be severed and the remaining terms or parts will continue in full force and effect.
Any failure of a party to exercise or enforce any provisions of, or any rights it may have under, the Agreement will not constitute a waiver of such right or provision unless such waiver is notified in writing by the waiving party.