Buy It Privately

These are the Sellers' Terms on which Buy It Privately permits you to list your property ("Sale Property") on the Web Site for sale (Service). Your access to and use of the Web Site is subject to these Sellers' Terms and the Buy It Privately Pty Ltd Privacy Policy. Upon completion of the online registration and by clicking on the "I accept" button below, you agree to be subject to these Sellers' Terms. By completing the online registration process, you represent and warrant that you have the right, authority and capacity to accept the Sellers' Terms and agree to abide by the Sellers' Terms. These terms relate solely to the Web Site and the Service and do not govern other activities or conduct via the Web Site at www.buyitprivately.com.au

Your use of the Web Site
1. Buy It Privately's web site www.buyitprivately.com.au ("Web Site") is owned and operated by Buy It Privately and is hosted on a server in the State of Victoria, Australia. The use of the Web Site and any material or information contained in the Web Site ("Content") is governed by the laws of the State of Victoria, Australia.
2. 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 for your personal and non-commercial use only. The Web Site is for private sellers only – NO AGENTS ARE TO LIST PROPERTIES FOR SALE ON THE WEB SITE.
3. Buy It Privately is not, and does not act as, your agent, nor does Buy It Privately receive any commissions for any property sale facilitated by the use of the Web Site.
4. By paying the Listing Fee and submitting to these Sellers' Terms, you also agree to abide by the general Web Site Terms and Conditions of Use which govern this website (available at www.buyitprivately.com.au/terms-and-conditions/ and agree to Buy It Privately's use of your personal information in accordance with the Buy It Privately Privacy Policy (available at: www.buyitprivately.com.au/privacy-policy/
Changes to Sellers' Terms
1. Buy It Privately may, from time to time, review and update these Sellers' Terms to take account of new laws and technology. Your use of the Web Site or the Content will be governed by the most recent Sellers' Terms, of which we will notify you via email update.
Changes to functionality
1. Buy It Privately reserves the right to change the functionality of the Web Site at any time without prior written notification, except where the change relates to payment of the Listing Fee.
Fees and payment
1. You must pay a fee to list your the Sale Property on the Web Site (Listing Fee). Payment of the Listing Fee allows you to list property on the Web Site for a 12 month period (Listing Period). You acknowledge that your Sale Property will not be listed on the Web Site until Buy It Privately receives your full payment of the Listing Fee. Your Sale Property will remain on the Web Site for the Listing Period from the date Buy It Privately receives your Listing Fee, unless you request Buy It Privately to remove the Listing sooner. Four (4) weeks before the expiry of the Listing Period, you will be sent an email reminder notice asking whether you wish to renew your Listing. If Buy It Privately receives no confirmation to continue your Listing as well as payment of a further Listing Fee, Buy It Privately will remove your Listing from the Web Site on expiry of the Listing Period.
2. You must pay the Listing Fee at the rate and in the manner set out in the application form filled in by you on this Web Site.
3. Only one property may be listed per Listing Fee. Buy It Privately reserves the right to terminate your account where you attempt, whether directly or indirectly, to list more than one property for the one Listing Fee.
4. All prices listed on the Web Site are exclusive of GST and are in Australian dollars.
Listing Sale Properties
1. By listing your Sale Property on this website, you warrant that: (a)you are 18 years or older; (b)you are the owner of the Sale Property; (c)you have entitlement to list the Sale Property for sale; (d)all information you have provided on the Web Site in relation to the Sale Property is correct and not misleading; and (e)you are not an agent.
2. You agree that within 24 hours of the Sale Property no longer being available for sale, you will notify Buy It Privately to remove that Listing from the Web Site.
3. The full functionality of the Service can only be accessed after completion of the online registration as a user of the Web Site. Buy It Privately reserves the right to deny access or refuse Listing to any party at its absolute discretion.
Your Account and Password
1. You can update, edit or terminate your membership at any time but you cannot transfer your membership.
2. It is your responsibility to keep Buy It Privately updated as to your correct email address. Buy It Privately takes no responsibility for any incorrect email address provided by you.
3. You must maintain the confidentiality of your user ID and password information required to access your account with us, and immediately change your password if it is lost, stolen or if the confidentiality of your user ID or password are compromised in any way. You are responsible for all transactions entered into under your user ID and password. Buy It Privately accepts no liability for any cost or loss arising from the loss of your user ID or password.
Term and termination
1. These Sellers' Terms commence on completion of your online registration as a registered user of the Web Site and will continue until your registration is terminated by either Buy It Privately or you.
2. Buy It Privately may terminate your registration for any reason and in its absolute discretion by email to you.
3. If Buy It Privately terminates your registration because of a breach by you of these Terms, you are not entitled to a refund of any payments made by you (if any). Subject to clause 8.5, if Buy It Privately terminates your registration for a reason other than breach by you, you are only entitled to a refund of any payments made by you up until the date of the notice of termination is made by Buy It Privately.
4. You may terminate your account at any time, for any reason. This may be done online by visiting www.buyitprivately.com.au/contact-us/
Buy It Privately Licence to use Submitted Material and monitoring of Content
1. By uploading material or otherwise submitting any material through the Web Site (Submitted Material), you automatically grant (or warrant that the owner of such materials expressly grants) Buy It Privately a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform and distribute those Submitted Materials. Such licence shall apply with respect to any form, media, or technology now known or later developed.
2. Without limiting the foregoing, you agree that Submitted Material may be used by Buy It Privately for purposes including (without limitation) marketing, research and development of goods and services.
3. To the extent that you have any moral rights in any Submitted Material, you hereby irrevocably and unconditionally consent, for the benefit of Buy It Privately, its successors, assignees and licensees, to performance, exhibition, reproduction, adaptation and communication of the Submitted Material or any part of it in any medium, and without attribution of you as an author of or contributor to that Submitted Material, and adaptation or alteration of the Submitted Material in any way including addition to and subtraction from the Submitted Material, whether such acts or omissions occur before or after the date on which that consent is given.
4. You warrant that any Submitted Material contributed by you will not: (a)infringe the intellectual property rights (including the moral rights) of any third party (and you have obtained consent to post any material); or (b)breach any obligations of confidence or any other law or regulation relating to the Submitted Material.
5. You warrant that, in relation to any moral rights, you have obtained all necessary author's consents which will allow Buy It Privately to perform all or any acts or omissions which, but for the consent, would be considered an infringement of the author's Moral Rights under the Copyright Act 1968 (Cth).
6. Buy It Privately reserves the right to block or immediately remove communications or Submitted Material (without a refund of any payments made by you) that it considers are or may be in its sole discretion:
  1. abusive, defamatory, or obscene;
  2. fraudulent, deceptive, or misleading;
  3. in violation of a copyright, trade mark or other intellectual property right of another;
  4. in violation of any law or regulation;
  5. in breach of these Sellers' Terms and Conditions or the Website Terms and Conditions of Use; or
  6. offensive or otherwise unacceptable to Buy It Privately.
7. Buy It Privately is not responsible for the content provided by you or any errors contained therein.
Privacy
1. Any Personal Information submitted by you via the Web Site will be handled in accordance with Buy It Privately 's Privacy Policy which is set out on the Web Site at www.buyitprivately.com.au/privacy-policy/
Access
1. Buy It Privately does not warrant that users will have continuous access to the Web Site. Buy It Privately will not be liable in the event that the Web Site is unavailable due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.
2. Buy It Privately does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communications (including email) are vulnerable to interception by third parties and Buy It Privately does not guarantee the security of these communications or the security of the Web Site.
Disputes
1. Buy It Privately has the right but has no obligation to monitor disputes between you and other registered users.
2. In the event that you have a claim or action against another user arising from that user's use of the Web Site or the Service, you agree to pursue such claim or action independently of and without any demands from Buy It Privately, and you release Buy It Privately from all claims, liability and damages arising from or in any way connected to the claim or action.
3. Buy It Privately is not responsible or liable for any breaches of contract by vendor or purchaser of a property advertised on the web site.
Indemnity
1. You agree to indemnify and keep indemnified Buy It Privately against all actions, claims, proceedings, demands, liabilities, losses, damages, expenses and costs (including legal costs on a full indemnity basis) that may be brought against Buy It Privately or which Buy It Privately must pay, sustain or incur as a direct or indirect result of your use of the Web Site or Service.
2. You agree to give full cooperation and provide Buy It Privately with reasonable assistance in conducting the defence of such a claim.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. TO THE FULL EXTENT PERMITTED BY LAW, BUY IT PRIVATELY EXCLUDES ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR REPRESENTATIONS CONCERNING:
  1. AVAILABILITY OF THE WEB SITE:
  2. QUALITY, COMPLETENESS, ACCURACY OR SUITABILITY OF THE WEB SITE OR CONTENT
  3. MERCHANTABILITY OR FITNESS FOR PURPOSE IN RELATION TO THE WEB SITE OR THE CONTENT;
  4. ALL LINKS TO OR FROM THE WEB SITE;
  5. THE PRODUCTS AND SERVICES ADVERTISED OR ACCESSIBLE ON THE WEB SITE; AND
  6. TITLE TO PROPERTIES ADVERTISED ON THE WEB SITE.
2. SUBJECT TO ANY APPLICABLE LAW WHICH CANNOT BE EXCLUDED, BUY IT PRIVATELY'S 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 BUY IT PRIVATELY SEES FIT TO PROVIDE.
3. FOR ALL OTHER CLAIMS OR LIABILITY, THE MAXIMUM LIABILITY OF BUY IT PRIVATELY 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.
4. BUY IT PRIVATELY WILL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS 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.
5. WHILE BUY IT PRIVATELY TRIES TO KEEP THE WEB SITE UP TO DATE AND CURRENT, BUY IT PRIVATELY DOES NOT WARRANT THE ACCURACY OF INFORMATION PROVIDED ON ITS WEB SITE. BUY IT PRIVATELY 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.
6. BUY IT PRIVATELY DOES NOT GUARANTEE THE SUCCESSFUL SALE OF YOUR SALE PROPERTY THROUGH THE WEB SITE. AS BUY IT PRIVATELY IS NOT, AND DOES NOT PURPORT TO BE, A REAL ESTATE AGENT, YOU SHOULD NOT RELY ON ANY INFORMATION OBTAINED DIRECTLY FROM THE WEB SITE - YOU SHOULD OBTAIN INDEPENDENT PROFESSIONAL REAL ESTATE ADVICE FROM A QUALIFIED REAL ESTATE AGENT, PROPERTY VALUER OR CONVEYANCER. BUY IT PRIVATELY DOES NOT MAKE ANY WARRANTIES AS TO THE QUALITY OF ADVICE OF THE BUSINESSES AND PROFESSIONALS WHO ADVERTISE OR ARE LISTED ON THE WEB SITE.
7. BUY IT PRIVATELY TAKES NO RESPONSIBILITY FOR LATE DELIVERY OF SALES BOARDS.
8. BUY IT PRIVATELY MAKES NO REPRESENTATION OR WARRANTY AS TO THE ADVICE OR INFORMATION PROVIDED BY BUY IT PRIVATELY IN EMAIL UPDATES TO YOU – YOU SHOULD OBTAIN INDEPENDENT PROFESSIONAL ADVICE IN RELATION TO THE SALE OF YOUR PROPERTY;
9. BUY IT PRIVATELY MAKES NO RESPRESENTATION OR WARRANTY WHATSOEVER AS TO:
  1. THE NATURE, IDENTITY, TYPE, SUITABILITY AND CAPACITY TO PAY OF ANY PERSON WHO MAY RESPOND TO YOUR LISTING;
  2. THE REPRESENTATIONS OR WARRANTIES OF OTHER CUSTOMERS OF THE WEB SITE AS TO TITLE OR ENTITLEMENT TO SELL;
Jurisdiction
1. These Sellers' Terms will be governed by the law of the State of Victoria, Australia, and any dispute arising out of the use of the Web Site or the Service will be determined by the courts of that State and their appellate courts.