Terms and Conditions for Using Minus The Agent

The Website

Welcome to www.minustheagent.com.au (hereinafter referred to as the “Website”). This Website is owned, developed and operated by us, Triple One Group Pty Ltd and intended to be used by the people of Australia, which does not necessarily mean that people from other jurisdiction are requested to be debated from using the Website.

Binding Agreement

This is a binding agreement between you and us. By accessing or using any part of the Website, you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by us from time-to-time (the “Terms and Conditions”). Please read the terms and conditions carefully prior to use this Website. If you do not agree to the terms and conditions, please do not use our Website and leave it immediately.

Jurisdiction and applicable law

These Terms and Conditions including addendum’s hereto shall be governed by, and construed in accordance with the Laws of Queensland (QLD), Australia, and the court of the state shall have the exclusive jurisdiction on all matters relating to the Website.

Privacy Statement

We are committed to protect your privacy. We constantly review our systems and data to ensure the best possible service to our users. Please review our Privacy Policy along with any amendment thereto, which also governs your visit to our Website to understand our practices. The Privacy Policy shall be deemed to be part of this Agreement.

Our Service

The prime objective of our Website is to advertise the property, including but not limited to real estate or other tangible property, which shall have economic value, for sale or rent, as applicable. The sellers shall advertise their properties for sale, whereas, the buyer shall get a list of properties to make their choice to buy. If the buyer and seller can fix their terms and conditions of intended sale transaction, they will contact with the solicitors to finalise the deal. It is hereby understood by both the Seller and the Buyer that under any circumstances and for the purpose of the respective law in force of the country, we are not acting on behalf of you in relation to the sale or lease transaction.

Advertisement in our Website does not necessarily mean that your property will be sold, or does not guarantee a sale of the property that has been duly posted by the Seller, or if you are buyer, you will get the property in this Website according to your requirement.

We have the discretion to remove any advertisement if the advertisement is deemed to be false, inaccurate, misleading, illegal, or anything that could otherwise be injurious for either the Website of or any of its user.

Uploading of Materials

The Seller needs to be registered with us for listing the Property for advertisement on the Website and you must submit a completed registration form to us.Once registered we will confirm this by sending you an email containing your account ID. We have the option at our discretion to refuse your application for registration. Each registration is for a single user only.

Any materials you have uploaded to our site will be deemed to be non-confidential and non-proprietary. This also gives us the right to use, copy, distribute, and disclose the material to third parties for any lawful reason. We also reserve the right to disclose your identity to third parties, where appropriate, for the purpose of facilitating the transaction contemplated in this Agreement.

All clients are strictly prohibited from displaying their direct contact details (Name, email, phone number) on the listing. It is against the terms of all property websites and any client to be found to have their contact details displayed directly on the listing can have their listing removed permanently with no refunds given.

Reliance on Advertisement

All commentary and information regarding advertisements available on our Website is not intended to be relied upon as advice, and we are expressly communicating to our user that we are not providing any advice. The user, being Buyer, shall use their best knowledge and skills for the purpose of purchasing the property listed in our Website.

Limitation of Our Service

We reserve the right to modify or discontinue the Website or Services rendered by us through the Website upon serving notices, however, in emergency situation where serving a notice to you is becoming impediment to protect the interest of the Users of the Website and/or the Website itself, we may debar from serving the notice, which will be treated as exceptional circumstances. We will not be liable to you or any third party, in the event we exercise our right to modify or discontinue the Website and/or Services. In the event we discontinue the Website and/or Services, it hereby acknowledges and confirms that following cancellation of our website, any property that has been listed for 30 days or more is not entitled to a refund of the listing fees or any other costs incurred, no matter what the circumstances.

Sellers Obligation

If the seller agrees to list their property for sale or rent, the seller will have to pay a listing fee payable on advertisement. The fee will be determined by us on time to time and shall be communicated to you through this Website or shall be provided with a notice at the time of posting for advertisement or described in the price chart. This statement hereby acknowledges and confirms that once the property has been made live or if the ownership of the property you are listing cannot be verified the fees are not refundable.

If you acknowledge and accept the terms and conditions of our website and a package is paid for on our system, you must provide ownership details as requested by Minus The Agent, if your ownership cannot be verified in the form of a rates notice or we cannot prove the existence of the property you have listed then no refunds will be given.

The seller acknowledges that by signing up and listing their property they authorise Triple One Group Pty Ltd to advertise their property for sale or rent. The seller must be the legal owner of the property and advertise the property for sale on the Website as truthfully as possible. At the time of posting the advertisement, few factors need to be considered including but are not limited to property price, property area, property location, and property type etc.

Triple One Group Pty Ltd does not charge a commission for the sale of the property but does charge a one off fee for providing marketing services. In the absence of a signature the client specifically authorises Triple One Group Pty Ltd to advertise their property by confirming and paying for services prior to listing.

Save the provision herein, the vendors in the states of NSW and ACT are required to be in possession of a valid ‘Contract of Sale” prior to commencing the advertisement campaign. If the property in question is in the state of applicable law, you agree that you will only publish the property when are in procession of these documents.

Representation

For the purpose of providing services in compliance with the Terms and Conditions, we may ask the User including you to provide details including personal information, and you are agreeing that while providing so you shall not provide any information (a) that is known by you to be false, inaccurate or misleading; (b) that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) that is or may reasonably be considered to be defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.

Cancellation of Booking

Prior execution of the documentations for transferring the property in favour of the Buyer, the Buyer shall have the option to cancel the Booking as per relevant legislation provided by the solicitor.

Intellectual Property rights

When accessing the Website, you agree to respect the intellectual property rights of other. Your use of the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your user ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Liability

The user acknowledges that for technical reasons as well as due to our dependence on external factors, we do not own any of the properties listed on our Website, and we only advertise the sellers’ property that they are wishing to sell; and are also communicating all material information in relation with the property that the Seller has communicated to us, therefore, we do not incur any liability in relation with the advertisement of the property. Therefore, our liability towards you is limited. To the maximum extent permitted by law, in no event we shall be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foresee ability of those damages) arising out of or in connection with your use of the Website or any other materials or services provided to you by us. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theories or form of actions.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our website; (c) permanently prohibit you from accessing our website; (d)   block computers using your IP address from accessing our website; (e) contact any or all your internet service providers and request that they block your access to our Website; (f) commence legal action against you, whether for breach of contract or otherwise; and/or (g)  suspend or delete your account on our website.

Indemnity

You agree to indemnify us for certain acts and omissions. You have also agreed to indemnify, defend, and hold harmless the Website, its affiliates, officers, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Waiver

No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. However, you may not without our prior consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Variation

We reserve the right to amend these Terms and Conditions. Should we seek to make such an amendment, which we determine is material in our sole discretion, we shall (a) provide you notice by email of said change 15 days prior to the change going into force, and (b) publish on the home page the fact an amendment will be made.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

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