TERMS
BETWEEN: Seniors Card Real Estate – ACN 026445496
By using this website ("Site") You agree to be bound by these terms and conditions:
1. Definitions
In this Agreement the following terms have the following meanings: "Seniors Card Real Estate" means all information provided by You in relation to Your attempt to identify a suitable real estate agent through use of the Site. "Personal Information" means all Personal Information you voluntarily provide by posting it to the Site as well as any domain, IP address or email address recognized by our web server when you browse the Site. "Service Provider" means any real estate agent whom you may be introduced by using the Site. "Site" means the website operated by Seniors Card Real Estate – at www.seniorscardrealestate.com.au or any affiliated or associated website and, as the context requires, includes all the functions of the website in facilitating your identification and selection of a real estate agent suitable to your needs.
2. Eligibility
You acknowledge and agree that the service offered at this Site is available only to persons aged 18 years and over. You represent and Warrant that You are at least 18 years of age.
3. Seniors Card Real Estate ’s Role
o 3.1 The purpose of the Site is to facilitate the matching of Your needs with the services of a real estate agent that You may identify by using the Site. Seniors Card Real Estate is a facilitator only in this Seniors Card Real process and You acknowledge and agree that Seniors Card Real Estate – is not a party to any arrangement or transaction between You and any suggested real estate agent by us.
o 3.2 It is a condition of using the Site that You read Seniors Card Real Estate’s Privacy Terms & Conditions. You acknowledge and agree that You have read the Privacy Policy section and agree to the disclosure of your Personal Information as set out in that Policy and in accordance with this Agreement.
o 3.3 Specifically, You agree and request us to forward your Personal Information to real estate agents matching the Profile You submit.
o 3.4 You agree that real estate agent may contact You directly and You expressly release us, Seniors Card Real Estate – and hold it harmless in respect of any complaint, action or claim of any sort arising from or incidental to either:
o a) the disclosure of your Personal Information pursuant to Your use of the Site; or
o b) any contact, communication or conduct that occurs pursuant to Your use of the Site, regardless of whether such contact, communication or conduct is relevant to the real estate services You may be seeking or the Job Profile submitted by You.
o 3.5 You acknowledge and agree that Seniors Card Real Estate – has no control or influence over the conduct of any real estate agent and may not be held liable for the conduct of any referred real estate agent.
o 3.6 You acknowledge that the real estate agent who contacts you has been referred to you in return for a referral fee between agents only upon the sale of the subject property. For the purposes of the Site, Seniors Card Real Estate- has no other relationship giving rise to a benefit from any real estate agent and Seniors Card Real Estate – does not endorse, recommend or promote any real estate agent in preference to any other agent other than by their proximity to the subject property or are affiliated to their own State Seniors Card initiative and that they are appropriately licensed by that relevant State authority as required by State law.
o 3.7 The Site may provide You with information rating the performance of particular real estate agents or the experience or opinions of other users of the Site in relation to particular real estate agent (Ratings Data). While Seniors Card Real Estate – may analyse and represent Ratings Data on the Site in various formats intended to make your use of the Site more efficient. You acknowledge and agree that all Ratings Data and any comment, opinion or feedback about any Service Provider available on the Site does not represent the opinion of Seniors Card Real Estate – and no Ratings Data represents an endorsement, recommendation or promotion by Seniors Card Real Estate – of any Service Provider.
o 3.8 Seniors Card Real Estate – will endeavour to refer Your Profile to an appropriate real estate agent, subject to the availability of a real estate agent that provide services in Your postcode area. You expressly release Seniors Card Real Estate – and hold it harmless in respect of any complaint or claim of any sort arising from any unavailability of any such Service Provider.
o 3.9 Subject to availability, Seniors Card Real Estate – may refer your Job Profile to up to 3 real estate agents selected by Seniors Card Real Estate – in accordance with the following criteria (listed in order of importance):
o a) the appropriateness of a real estate agent by reference to the Job Profile You submit;
o b) fees paid by a real estate agent to Seniors Card Real Estate – in respect of that agents willingness to participate in a referral between agents percentage split of sale commission; and
o c) the approval level of the real estate agent by reference to our Ratings Data.
o 3.10 You acknowledge and agree that Seniors Card Real Estate – referrals pursuant to this clause and, in particular, sub clauses 3.8 and 3.9, are in no way intended as an endorsement, recommendation or promotion by Seniors Card Real Estate – of any particular real estate agent and that Your choice of any real estate agent is entirely a matter of Your own preference and responsibility. You expressly release Seniors Card Real Estate – and hold it harmless in respect of any complaint or claim of any sort arising from or incidental to Seniors Card Real Estate – referral of Your Job Profile to any particular Service Provider/s.
o 3.11 You acknowledge and agree that:
o (a) you are not required to engage any of the real estate agents to whom Seniors Card Real Estate – may refer your Job Profile;
o (b) by using the Site your choice of the real estate agent is not limited to those real estate agents to whom we may refer your Job Profile.
Feedback and Marketing
o 4.1 You acknowledge and agree that Seniors Card Real Estate – may contact You via telephone, SMS, email, post or any other form of electronic or conventional communication media for the purposes of:
o a) obtaining feedback, opinion and comment from You regarding the Site or the real estate agents referred; or
o b) marketing other goods or services provided by Seniors Card Real Estate – or any of the Seniors Card Real Estate – related entities.
o 4.2 You are invited to submit comments, compliments, criticisms and other observations regarding the Site and any Service Providers on the Site and agree that such feedback posted by You will only be honest, fair and reasonable and capable of being substantiated. You acknowledge and agree that Seniors Card Real Estate – may at any time in its sole and absolute discretion remove any feedback posted by You.
o 4.3 You acknowledge and agree that, subject to the Privacy Policy, any information or feedback You provide is and will be treated by Seniors Card Real Estate – as non confidential and non proprietary and that Seniors Card Real Estate – may use such material without restriction.
o 4.4 You must not post or transmit any material or feedback on the Site that is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or otherwise objectionable.
o 4.5 Seniors Card Real Estate – does not warrant that any Service Providers will respond to questions or comments submitted by You.
4. Warranties By You
o 5.1 Without limiting clause 4, You agree that You will not:
o a) use the Site for illegal purposes including, but not limited to, posting to the Site information encouraging conduct that would constitute a criminal offence;
o b) use any feature of the Site to send any unsolicited commercial emails to users of the Site, whether individually or as a group;
o c) copy, translate, reproduce, adapt, vary or modify anything on the Site (except your Personal Information) without Seniors Card Real Estate – prior written consent (which consent is given for the purposes of feedback posted in accordance with clause 4);
o d) use anything on the Site for or in connection with any business or enterprise (whether for profit or otherwise) and in particular for any enterprise that is the same or similar to that of Seniors Card Real Estate – or that is in competition with Seniors Card Real Estate;
o e) post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
o f) take any action that imposes an unreasonable or disproportionately large load on Seniors Card Real Estate infrastructure;
o g) disrupt the flow of dialogue on the Site or otherwise act in a manner that negatively affects other users of the Site;
o h) impersonate any other person when posting material to the Site;
o i) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to Seniors Card Real Estate – or do anything that compromises the security of the Site;
o j) use the Site to engage in misleading or deceptive on-line marketing practices;
o k) use the Site to transmit junk mail, spam, advertising, chain letters or engage in other flooding techniques or mass distribution of unsolicited email;
o l) sell, copy, use or redistribute any of the information on this Site for any other purpose; or
o m) use any screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of re-producing information contained on this Site on or through any other medium, except with Seniors Card Real Estate ’s prior written consent.
o 5.2 You agree and warrant that You will provide Seniors Card Real Estate with complete and accurate contact details when using the Site to enable Service Providers to contact you as requested.
5. Seniors Card Real Estate – Reservation Of Rights
o 6.1 Seniors Card Real Estate – reserves the right to:
o a) remove or refuse to post any information and/or material (in whole or in part) that it, in its sole and absolute discretion, regards in any way objectionable or in violation of any law or these terms without notice to You; or
o b) modify or discontinue any services Seniors Card Real Estate offers at any time without notice or liability to You.
6. Intellectual Property
o 7.1 All intellectual property rights in information, data and materials used or appearing on the Site including, but not limited to, all software, tools, know-how, equipment or processes, trademarks, logos or other materials shall remain the sole and exclusive property of Seniors Card Real Estate or its licensors. You acknowledge and agree that You will not acquire any rights, title or interest in or to any of Seniors Card Real Estate intellectual property rights.
o 7.2 To the extent that You submit any information or material to Seniors Card Real Estate relating to a Job Profile or for otherwise posting on the Site, You automatically grant Seniors Card Real Estate a license to use the information or material for the purpose for which it is provided.
7. Disclaimer & Acknowledgments
o 8.1 You acknowledge and agree that Seniors Card Real Estate gives no warranty, whether express, implied, statutory or otherwise as to the quality, efficacy, reliability, technical competence or qualification, suitability, performance or any other attribute or characteristic of any Service Provider or its services.
o 8.2 To the fullest extent legally possible, Seniors Card Real Estate excludes any representation or warranty concerning the Site, any Service Provider or any third party site referred to or connected via the Site.
o 8.3 You acknowledge and agree that none of the following legal relationships are applicable between Seniors Card Real Estate or its associated businesses and any Service Provider or between Seniors Card Real Estate and You: principal and agent; employer and employee; partnership or joint venture.
o 8.4 Without limitation to any of these terms, You acknowledge that:
o a) Seniors Card Real Estate does not warrant the truth, accuracy or currency of the material or information Service Providers provide;
o b) in respect of any name or contact information or other information relating to a Service Provider or other provider of services appearing on the Site, Seniors Card Real Estate does not warrant the truth, accuracy or currency of such information;
o c) Seniors Card Real Estate does not control, endorse, approve or warrant to You the merchantability or fitness for any particular purpose of any of the goods or services of third parties (including Service Providers) referred to at the Site or whose identities become known to You as a result of using the Site or otherwise;
o d) Seniors Card Real Estate does not warrant to You that anything on the Site or any third party site referred to or connected via the Site is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
o e) You should satisfy yourself through your own enquiries as to the condition or suitability of any real estate agent, their services or any other goods and/or services supplied, offered by or recommended by or on behalf of that agent or another Service Provider. You agree to consult professionals for advice that is specifically tailored to your particular circumstances;
o f) Seniors Card Real Estate does not offer professional advice on the fitness of any goods, services or information supplied by any third parties including Service Providers;
o g) Seniors Card Real Estate does not endorse or recommend any Service Provider or goods or services, including where details of a Service Provider are provided by Seniors Card Real Estate to You or otherwise become known to you using the Site;
o h) Seniors Card Real Estate is not a party to any arrangement or transaction of any sort between You and any Service Provider and You (not Seniors Card Real Estate) are responsible for paying the agent or any Service Provider for any goods or services supplied;
o i) You are solely responsible for all Your obligations under any agreement You enter with any agent or other Service Provider other than those listed on this site and provided as part of Your selected package;
o j) Seniors Card Real Estate does not warrant that the Site or any information or communication it provides is or will be reliable, timely, error or fault free, complete or accurate;
o k) the Site may experience interruptions and access difficulties from time to time and Seniors Card Real Estate will not be responsible for such interruptions or access difficulties or any loss, damage or inconvenience that may arise from such events or other events beyond Seniors Card Real Estate control; and
o l) Seniors Card Real Estate is not liable for any loss or damage whether directly or indirectly incurred by You or any third person as a result of any failure or delay in Seniors Card Real Estate doing anything, including, but not limited to, transmitting any information to a Service Provider or to You or removing any information or Service Provider from the Site.
o 8.5 You agree that Seniors Card Real Estate and any associate or related entity of Seniors Card Real Estate has no responsibility or liability for the actions of other users of the Site.
8. Limitation of liability
o 9.1 To the extent permitted by Law Seniors Card Real Estate excludes all liability to You or any other person for any loss, claim or damage (whether arising in contract, negligence, tort, equity or otherwise for any loss, whether consequential, indirect, incidental, special, punitive, exemplary or otherwise, including, without limitation any loss of profits, loss or corruption of data or loss of or damage to reputation or good will) arising out of, in connection with or pursuant to any:
o a) removal or termination of your access to the Site; or
o b) use of the Site or information on or provided through the Site or any information or advice otherwise provided by Seniors Card Real Estate or any other Service Provider; or
o c) any arrangement, contract, agreement, conduct or communication by or between any agent or Service Provider and You, even if Seniors Card Real Estate is aware or ought to have been aware of the possibility of such loss or damage.
o 9.2 If, despite Seniors Card Real Estate role set out in clause 3 and despite the exclusions of liability set out in these terms, Seniors Card Real Estate has any liability at law in respect of the supply of any goods or services or the use or operation of this Site then, to the extent permitted by law, Seniors Card Real Estate and all associates and related entities of Seniors Card Real Estate expressly limit their liability for breach of a non excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is in Seniors Card Real Estate’s sole discretion):
o a) in the case of goods, any one or more of the following:
(i) the replacement value of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
o b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
9. Indemnity
You indemnify and hold Seniors Card Real Estate and its parent, related entities, associates, officers, directors, agents, employees, partners, suppliers, franchisers and franchisees, harmless from and against any claims, demands or proceedings of any sort for any loss, damage or costs made by You or a Service Provider arising out of or in any way related to your use of the Site or breach of these terms, or any violation by you of any law or the rights of a third party.
10. Breach
Without limiting other remedies available to Seniors Card Real Estate at law, in equity or under this Agreement, Seniors Card Real Estate may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site and refuse to provide services to You if:
o a) You breach any of these terms;
o b) Seniors Card Real Estate is unable to verify or authenticate any information you provide; or
o c) Seniors Card Real Estate believes that your actions may cause damage and/or legal liability for Seniors Card Real Estate any Service Provider or any other party.
11. Termination
Seniors Card Real Estate may terminate your right to post information to the Site at any time without prior notice.
12. Disputes
o 13.1 The procedures set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of any of these terms or the rights or obligations of the parties ("Dispute").
o 13.2 If a Dispute arises, a party may give written notice to the other party that a Dispute exists ("Dispute Notice").
o 13.3 The Dispute Notice must provide the recipient with full particulars of the matters in dispute.
o 13.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:
o a) within five (10) working days of receipt of a Dispute Notice, the parties must hold discussions in good faith in an attempt to resolve the Dispute;
o b) if the Dispute is not resolved within twenty (20) days of the meeting referred to in the previous sub-clause or if the meeting referred to in the previous sub- clause has not taken place within the five (10) day period, the parties to the Dispute must refer the matter to mediation;
o c) within five (10) workings days following the expiry of the relevant period in the previous sub-clause, the parties must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by the President for the time being of LEADR with the costs of the mediator and the costs of the venue for mediation to be borne equally by the parties;
- d) the parties must use their best endeavours to ensure the mediation takes place within thirty (30) days of a mediator being appointed; and
- any mediation pursuant to this clause is to take place in
o 13.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a Court of competent jurisdiction, a party may not commence proceedings in any Court, Tribunal or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.
13. Website links
o 14.1 Seniors Card Real Estate may provide links from its website to websites maintained by third parties. Such linked websites are not under the control of Seniors Card Real Estate and Seniors Card Real Estate is not responsible for the contents of any linked website or subsequently linked websites.
o 14.2 Seniors Card Real Estate is not liable for any loss or damage arising in any way out of or in connection with or incidental to any information or third party service provided by or through any linked websites whether linked to or from Seniors Card Real Estate – Site.
14. General
o 15.1 Interpretation
o a) headings are for references purposes only and in no way define, limit, construe or describe the scope or extent of such section.
o b) You agree that these terms may not be construed adversely against Seniors Card Real Estate solely because Seniors Card Real Estate prepared these terms.
o c) the singular includes the plural and vice versa.
o d) a reference to a person includes a body corporate, an unincorporated body or other entity.
o e) a reference to a party includes the party's successes and permitted assigns.
o 15.2 Governing Law
This agreement is governed in all respects by the Laws of the State of