Terms & Conditions

1. Registration

You must be a registered member to access certain features of Our Website.

When you register and activate your account, you will provide us with personal information such as your name, email address, telephone number etc. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our  Privacy Policy

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name.

To create an account, you must be:

• at least 18 years of age;
• possess the legal right and ability to enter into a legally binding agreement with us; and
• agree and warrant to use the website in accordance with these Terms.]

2. Collection Notice

We collect personal information about you in order to process your registration, to market and provide Our Services to you and for purposes otherwise set out in our Privacy Policy at [insert web address].

We may disclose that information to third parties that help us market and deliver Our Services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to market or provide all of Our Services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to reputable software and service providers who store data in various countries throughout the world.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@thebuyersplace.com.au.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. Accuracy, completeness and timeliness of information

The information on Our Website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on Our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on Our Website

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of Our Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from Our Website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to Our Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep Our Website updated. We are not liable to you or anyone else if errors occur in the information on Our Website or if that information is not up-to-date

4. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. Linked sites

Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

6. Third party links and advertising

Our Website includes advertisements, hyperlinks and pointers to websites operated by third parties. Links to third party websites include, without limitation, links to our platform of some of our real estate agency customers. Those third party websites do not form part of Our Website and are not under our control or responsibility. When you link to those websites you leave Our Website and do so entirely at your own risk. We make no warranty as to the accuracy or reliability of the information contained on any third party websites, and we disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites. A display of advertising does not imply an endorsement or recommendation by us.

We may receive a referral fee and/or other financial benefits from a third party in connection with your purchase of products or services from those third parties following a referral from us.

7. Third Party Content

Our Website contains Third Party Content. Representations made in Third Party Content are representations by those third parties and not by us. We are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent our views. You should always make your own enquiries before relying on Third Party Content.

8. Editorial content

Any editorial content or articles on Our Website are of a general nature only and do not consider your personal objectives, financial situation or particular needs. Editorial content should not be regarded as advice or relied upon by you or any other person and we recommend that you seek professional advice before acting on the content. For the avoidance of doubt, editorial content provided by third party authors that are not employed by us is deemed to be Third Party Content for the purposes of the section above.

9. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in Our Website and Our Content.

Your use of Our Website and use of and access to Our Content does not grant or transfer any rights, title or interest to you in relation to Our Website or Our Content. However we do grant you a licence to access Our Website and view Our Content on these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of Our Website or Our Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy Our Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of Our Website, Our Content or any part of it is prohibited, except to the extent permitted by law.

10. No commercial use

Our Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within Our Website. You may not use Our Website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

11. Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

• being respectful and courteous at all times in your dealings with our staff and other users of Our Website;
• any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
• using Our Website to defame or libel us, our employees or other individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• posting or transmitting to Our Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to Our Website, we have the right to take down this information at our sole discretion and without notice.

12. Buyer Briefs

We may at any time, without liability to you, remove, alter or disable access to your Buyer Brief in our sole discretion without prior notice to you. Without limiting the previous sentence, we may remove or disable access to your Buyer Brief if we consider that:

• your Buyer Brief is in breach of any law or regulation;
• your Buyer Brief infringes the intellectual property rights of any third party;
• it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
• your Buyer Brief is :
  • misleading or deceptive;
  • inappropriate having regard to the purpose of our platform;
  • likely to cause offence;
  • materially incorrect;
  • obscene
  • defamatory
  • otherwise unlawful; or
  • corrupted, due to the presence of a virus or other disabling code

You retain all of your ownership rights in your Buyer Brief. We are under no obligation to treat your Buyer Brief as proprietary information.

To the extent that your Buyer Brief (or any part of it) is proprietary in nature, you grant us a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Buyer Brief throughout the world in any medium, whether currently in existence or not. You also grant each User a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your Buyer Brief as permitted by us and these Terms.

You grant us, in respect of your Buyer Brief the right to use your name or the name you submit with the Buyer Brief, and, the right to represent and warrant that:

• you own and control all of the rights to your Buyer Brief; or
• you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise us to display the Buyer Brief.

For any Buyer Brief that you may retain moral rights in, you declare that:

• you do not require that any personally identifying information be used in connection with your Buyer Brief, or any derivative work, upgrade or update of your Buyer Brief; and
• You understand that when accessing Our Website, you may be exposed to the User Content of other Users. You acknowledge and agree that we do not have control of and is not responsible for User Content. You release us from any claims that you could assert against us relating to or in connection with User Content.

You represent and warrant that:

• you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise us to display your Buyer Brief; and
• no part of your Buyer Brief:
  • infringes the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of your Buyer Profile;
  • is misleading or deceptive;
  • is materially incorrect;
  • is likely to cause offence;
  • is directly or indirectly involve the advertising or marketing of any products or services;
  • is obscene, including pornographic, hateful, racially or ethnically offensive material;
  • is defamatory;
  • is otherwise unlawful or encourage unlawful conduct; or
  • is otherwise inappropriate having regard to the purpose of Our Website.

13. Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about Our Website or Our Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that Our Website will be secure. We reserve the right to restrict, suspend or terminate without notice your access to Our Website, Our Content, or any feature of Our Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

14. Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of Our Website and/or the information or materials contained on it, or as a result of the inaccessibility of Our Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

15. Jurisdiction and governing law

Your use of Our Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

16. Definitions

In these Terms:

Buyer means a person who is interested in buying residential property

Buyer Brief means details of a Buyer and details of the residential property that that Buyer is interested in purchasing in the form of data, text, video, still images, audio or other material uploaded by a Buyer and hosted, shared, published, posted or stored on Our Website.

Connection Services means services related to the facilitation of connections between Buyers and Sellers and includes allow Buyers to post Buyer Briefs.

Our Content means any information including data, text, video, still images, audio or other material that we host, share, publish, post, store or upload on Our Website. Our Content does not include Buyer Briefs, User Content or Third Party Content.

Our Services means the services we offer via Our Website including the Property Buying Services and the Connection Services.

Property Buying Services means services that are directly or indirectly related to buying residential property including but not limited to mortgage broking services, buyer’s agency services, utilities connection and disconnection services, insurance, removal services, budgeting services etc.

Seller means a person who is interested in selling residential property.

Terms means these terms and conditions.

Third Party Content means content provided to us by other parties.

User means a person who access this website.

User Content means any information including data, text, video, still images, audio or other material that we allow users of Our Website to host, share, publish, post, store or upload on Our Website as permitted under these Terms.