Ront Investments Pty Limited (ACN 102 916 825) T/A Property Whispers and propertywhispers.com.au (“RI”)

TERMS AND CONDITIONS OF USE OF THIS WEBSITE

Updated 2 July 2018


General

propertywhispers.com.au (this website) is created and controlled by Ront Investments Pty Limited (ACN 102 916 825) trading as Property Whispers (RI).

In these Terms and Conditions "us", "we" or "our" means RI and “you” and “your” means any registered user of the website propertywhispers.com.au.

By using this website and/or registering with us you agree to abide by the Terms and Conditions and our Privacy Policy (Terms) set out in this Agreement. If you do not agree to abide by these Terms do not use this website. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms or your use of this website. If any provision of the Terms is held to be invalid, the remainder of the Terms shall continue in full force and effect.

This Agreement is governed by and in accordance with the laws of New South Wales, Australia and the parties agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. Any legal matters arising will commence and conclude within the jurisdiction of the NSW Courts.

You assume all responsibilities and obligations, both statutory and contractual as they apply in your country of residence, with respect to the use of our services and the use of any information derived either directly or indirectly from it and for any decisions taken or advice given as a result of the use of our services or any applications of the information provided through its use

RI makes no claim as to the accuracy of the content contained on this website. RI does not accept liability for any information or advice provided on the website or incorporated into it by reference. RI does not accept any liability for loss or damages incurred by any person as a result of using this website, reliance placed upon the content of this website or any other information incorporated by reference.

RI makes no representation as to the accuracy of any other aspect of the information contained on servers linked to this website via hyperlinks from this website. The information on this website is provided on the basis that all persons accessing the website take responsibility for assessing the accuracy of its content and that they rely on it entirely at their own risk.

For further information contact us by e-mail contact@propertywhispers.com.au


Registration

propertywhispers.com.au seeks to match property buyers and their property requirements with properties meeting those requirements as uploaded to the website either by real estate agents or private vendors. When a match is identified, both buyer and real estate agent or private vendor are informed so that they can make contact and each is provided the others personal information to allow this to happen. Buyer personal information provided to real estate agents or private vendors is buyer’s name, phone number and email address. Real estate agent or private vendor personal information provided to buyers is agent's or private vendor’s name, agency (if an agent), phone number and email address.

Real estate agents, private vendors, buyers and buyers agents must register with this website in order to access and use the website. This website may only be used for its intended purpose, being the matching of buyers (or their contracted buyers agents) with properties uploaded to the website by real estate agents or private vendors for sale “Off-Market”, being those properties available for sale by private treaty or expressions of interest but, for whatever reasons, are not publicly advertised as being for sale.

A buyer (directly or through a contracted buyer’s agent) may list the details and specifications of a property that would meet their purchase requirements. A real estate agent (contracted by a property owner) or a private vendor may list the details and specifications of a property that is available for sale off-market.

This website will seek to match the requirements of buyers with available off-market properties and introduce the two parties. As such:

1. Buyers warrant that the information they have provided is accurate.

2. Buyers’ agents warrant they are acting under contract with a buyer to source a property with particular criteria for a particular buyer and that the information they have provided is accurate.

3. Real estate agents warrant they are contracted under executed, valid sales agency agreements and hold a contract for sale (where required by law), to sell any property, the details of which they list on this website, and that the information they have provided for that property is accurate. Real estate agents further warrant that the property is only for sale off-market.

4. Private vendors warrant that where required by law, they hold a contract for sale for any property, the details of which they list on this website, and that the information they have provided for that property is accurate. Private vendors further warrant that the property is only for sale off-market.

Where a listed property matches a buyer’s requirements, buyers and real estate agents or private vendors agree that this website will notify each party of the match and provide the contact details of the matching parties to each other, unless a party has requested in writing that certain details not so be provided.

“Priority matching” and other standout features may be available at additional cost, details of which are available upon request at any point in time.

While we use reasonable endeavours to ensure that this website is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to this website may be suspended temporarily without notice in the case of system failure, maintenance or repair or for any reason at our sole discretion. We reserve the right to change or discontinue any service or feature of this website in whole or in part at any time. All personal information you provide to us will be treated in accordance with our Privacy Policy.

An off-market property can be uploaded to the website by a real estate agent or private vendor for up to 6 months. We may, at our sole discretion, allow a property to remain on the website for a longer period for which a further upload fee may apply. At any time agents may receive an email asking whether a property uploaded to the website is still available for sale.


Conditions of Use

1. Only registered persons may use this website.

2. You must be at least 18 years old to register with this website. You must not attempt to register if you are under 18 years old.

3. When registering with this website you agree to provide and warrant that the information you have provided is accurate, complete and up-to-date. It is your responsibility to inform us within 7 days of any changes to that information. You may do so at any time by email or by accessing your “My Profile” page on this website.

4. Real estate agents who wish to register with this website warrant that they are current members in good standing of and hold relevant real estate agency licences from their respective Australian state or territory real estate agency institutes (or equivalent registration and licencing bodies).

5. Registrations with this website are not transferable and each registration is for a specific individual and attached to that individual’s profile.

6. A registered individual must not allow any other person to use their registration for any purpose or access this website in any way.

7. A registered real estate agent warrants specifically that they will not allow any other person to use their registration for any purpose or access this website in any way, and particularly they will not allow any other person to use their registration to list a property as being available for sale.

8. Buyers and/ or their buyers’ agents may register with this website at no cost.

9. Real estate sales agents and private vendors may register with this website and upload properties by paying the fee applicable at any point in time.

10. Real estate agents and private vendors who are registered with this website may upload properties by paying the fee applicable at any point in time.

11. We reserve the right to change the pricing for any chargeable service or feature on this website at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use of this website or terminate your registration in accordance with the Terms. If you discontinue your use of this website or terminate your registration, the balance of any unpaid fees becomes immediately due and payable.

12. Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on this website will be stated GST exclusive. Where GST applies we will add the relevant GST and will issue you with a tax invoice.

13. Unless stipulated elsewhere herein, you are not entitled to any refund of payments for chargeable services or features. We will review and consider requests for refunds at our sole discretion.

14. At our sole discretion we reserve the right to temporarily or permanently suspend your registration and use of this website.

15. At our sole discretion we reserve the right to temporarily or permanently suspend payment via your credit card and contact you, your bank or any other relevant third party to report the reason for doing so.

16. You are wholly responsible for maintaining the confidentiality and security of your login and password and for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password.

17. We may at any time request a form of identification to verify your identity and/or your compliance with the Terms.


Prohibited usage and activities

You may not:

1. use this website, any content from this website or any information provided by this website in any manner which is, in our sole discretion, not reasonable and/ or not for the purpose for which it is made available. This specifically includes information provided when a “match” occurs. Such information is provided for the sole purpose of allowing a discussion between a genuine buyer who has those purchase requirements and a private vendor or a real estate agent who holds an sales agency agreement for the matched property;

2. upload the specifications of a property using “Add a Property” on the Private Vendor’s Dashboard or the Real Estate Agent’s Dashboard, unless that property is genuinely for sale off-market and has the specifications described (Property Type, Suburb, number of Bedrooms, Bathrooms and Parking Spaces and Price Guide);

3. register as, impersonate, pose as or create a profile for any other person or entity, real or false, at any time in using the website or information provided by the website;

4. use code or other devices containing any reference to this website to direct other persons to any other web page;

5. use this website to collect any names and/or email addresses or send persons registered with the website unsolicited emails;

6. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;

7. use or index any content or data on our platform for purposes of:

8. transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not;

9. pose as any person or entity or attempt to solicit money, passwords or personal information from any person; and

10. act in violation of the Terms or other condition imposed by us or any applicable law.

You also agree not to use this website to:

1. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;

2. register as, impersonate or create a profile for any other person or entity;

3. defame, abuse, harass, stalk, threaten or otherwise offend others;

4. promote, or provide information about, illegal activities or conduct;

5. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;

6. exploit any person under the age of 18, or solicit information from anyone under 18; or

7. solicit money, passwords or personal information from any person.


Real Estate Agents (“agents”) Fees and Payments

It is free for an agent to register their details with the website.

Agents may be given periods to upload properties and use the website for free. Unless otherwise specifically permitted, agents are only allowed one free period, commencing on the date of their first time of registration (if a registered agent deletes their account and subsequently re-registers, that agent is not entitled to second free period). At the end of such periods in order to upload a property and use the website fees may be payable as set out on the website from time to time. Such fees may be in the form of “Pay Per Listing”, “Subscriptions” or any other form as set out on the website from time to time.

Pay Per Listing

If and when Pay Per Listing is offered and you choose to upload a property to the website on that basis:

1. Pay Per Listing fees are those detailed on the website at any point in time. Fees may be changed at any point in time entirely at RI’s discretion and without prior notice to any party.

2. Agents are required to pay the applicable fee in order to upload a property to the website.

Subscriptions

If and when Subscriptions are offered and you choose to Subscribe:

1. When Subscription fees are payable, in order to retain access to the website you are required to complete our Subscription Agreement and Credit Card Payment Authority and pay the required fees when due.

2. If you pay the applicable Subscription fees by credit card, your credit card details will be stored to allow automatic renewals, provided you have completed a Credit Card Payment Authority. To ensure an uninterrupted service, Subscriptions will be automatically renewed one day before they expire. You can remove or change your credit card details and cancel the automatic renewal at any time by email using “Contact Us”.

3. Subscriptions would be for a particular period however if you email to let us know before the end of your current Subscription period that you no longer wish to Subscribe, we will cancel your Subscription with effect from the end of that period. You cannot put your paid Subscription on hold. If your paid Subscription lapses or is cancelled, then you lose access to this website.

Subscription Fees payable are those detailed on the website at any point in time. Fees may be changed at any point in time entirely at RI’s discretion and without prior notice to any party.


Private Vendor Fees

When property upload fees are payable, private vendors are required to pay such fees in order to upload a property to the website. Fees payable are those detailed on the website at any point in time. Fees may be changed at any point in time entirely at RI’s discretion and without prior notice to any party.


Buyers Fees

No fees are payable by buyers. The website is free for buyers to register and use.


Content

You retain all of your ownership rights in your content. RI is under no obligation to treat your content as proprietary information. To the extent that any content is proprietary in nature, you grant RI a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display your content throughout the world in any medium, whether currently in existence or not. You also grant each user of this website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of and display your content as permitted by this website and these Terms.

You grant RI, in respect of content uploaded to its website, the right to use your name or the name you submit with the content, and, the right to represent and warrant that:

  1. you own and control all of the rights to the content; or
  2. you have the lawful right including all necessary licences, rights, agreements, consents, and permissions to use and authorise this website to display the content. In particular, where required by law real estate sales agents warrant that they have an executed, valid and current sales agency agreement in relation to any property for which they upload details to this website.

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

  1. you do not require that any personally identifying information be used in connection with the content, or any derivative work, upgrade or update of the content; and
  2. you understand that when accessing our platform, you may be exposed to the content of other users of this website. You acknowledge and agree that RI does not have control of and is not responsible for that other content. You release RI from any claims that you could assert against RI relating to or in connection with that other content.

You represent and warrant that you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise this website to display your content. You are solely responsible for any images, sounds, or text (“content”) that you transmit or post on this website or otherwise transmit to any person registered on this website by any other means.

You agree and warrant that any content that you post on this website or otherwise transmit to any other person registered with this website by any other means will at all times be complete and accurate.

We reserve the right, but have no obligation, to review content posted on or transmitted via this website, or (where possible) is otherwise transmitted by any other means, to any other person registered with this website. Without limiting your responsibilities under the Terms, we reserve the right, without prior notice to you, to modify and/or remove any content that, in our opinion, breaches the law, violates the Terms, or otherwise has the potential to harm, endanger or violate the rights of any person. We have no obligation to monitor the use by those registered with this website however we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request. We reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.


Copyright and trademark information

Copyright in material contained on this website is owned by RI unless otherwise indicated. RI authorises you to copy, download and/or print any material published by RI on this website for non-commercial use only, provided that such material is not edited or modified and retains all copyright and other proprietary notices, including any disclaimer contained thereon. All trademarks, logos, images, product and company names referred to in this website are the property of their respective owners.

RI reserves all rights in the content and design of this site. Unless permitted in writing by RI, you may not reproduce, use or copy any content on this site including names, logos and any other material licensed to RI. Subject to our obligations under our Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or in part, your content for any purpose. You warrant that you have the right to grant us such rights.

You may not use commercially any information, products or services on this website and you may not cause any of the material on this website to be framed or embedded into another website without written permission from RI.

You may not modify, adapt or create derivative works based on or contained in our services or any associated written material accompanying or produced by us. You may not reverse engineer, decompile or disassemble our services or any associated written material accompanying or produced by it. If you believe that any content has been posted or transmitted on the website or otherwise transmitted to any person registered with the website by any other means, in violation of your rights, please send us an email via Contact Us on the website.


Third Party Sites

As a convenience to you, PW may provide, on this site, links to websites operated by other entities. If you use these sites, you will leave this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. RI makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that PW endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of PW. All links to this site must be approved by PW. PW reserves the right to revoke this consent to link at any time in its sole discretion


Warranties

PW makes no representations or warranties, express or implied, with respect to our services, its medium, any written material accompanying it, or produced by it, its use, suitability, reliability, accuracy, performance or results, its merchantability, or fitness for a particular purpose, title and non-infringement.


Limitation of Liability

In no event shall we be responsible, or liable to any party, for the actions or behavior of any buyer, buyers agent, private vendor or real estate agent who uses the website or for the consequences of such actions or behavior.

In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, profit, earnings, or lost opportunities of any kind, arising out of or in any way connected with the use or performance of our services whether based on contract, tort, negligence, strict liability or otherwise even if RI has been advised of the possibility of damages.

RI and related entities, Property Whispers and propertywhispers.com.au do not provide legal, financial, property or any other advice and specifically disclaims all liability in respect of such matters. Any information provided on propertywhispers.com.au, including but not limited to information in any editorial content, third party content, property or any other reports or articles, is not to be relied upon. You are responsible for taking your own independent, professional advice in all matters.

Where liability cannot be excluded, any liability incurred by us in relation to the use of this website or the content is limited as provided under s64 and 64A of the Competition and Consumer Act 2010.


External activities

1. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (External Activities).

2. External Activities may be subject to separate terms and conditions.

3. You acknowledge that you participate in any External Activities entirely at your own risk.

4. Our involvement in External Activities does not in any way constitute a recommendation or an endorsement of those External Activities and we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation is any External Activities.

5. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in such External Activities.

6. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.


Virus protection

It is always wise for users to run an anti-virus program on all material downloaded from the internet. RI does not accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using our website or material from our website. You may not use this website to transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.


Termination and suspension of your registration

You may terminate your registration with this website for any reason only by providing written notice to us. You can provide notice of termination by:

1. selecting “Delete My Account” on your “My Profile” page and following the instructions; or

2. emailing us via Contact Us on the website.

Once you have been ‘Deleted’ all your Profile information, Dashboard information and property matches will be deleted forever. To access this website thereafter you will need to register again.

If you terminate your registration, the balance of any unpaid fees becomes immediately due and payable.

We reserve the right to, without limitation, do any or all of the following in relation to your registration:

1. suspend your registration;

2. modify your details;

3. terminate your registration for any reason by providing notice to you by email;

4. terminate your registration immediately without notice to you if you have committed a breach of the Terms;

5. deactivate your registration if you have not used this website for a period of 12 months or more (from the date of last use); and/ or

6. permanently or temporarily block your access to all or part of this website.


Safe interaction, complaints and disputes

We take your online and offline security seriously and we urge you to be cautious when interacting with other people on the website. Any content that you upload to, post on or transmit via this website or otherwise transmit to any other person registered with this website by any other means will be considered non-confidential so you should carefully select the content that you post or transmit on this website or otherwise transmit to any other person by any other means. Other than the information required by this website to match buyers with real estate agents or private vendors, you must not provide personal information to any other person registered with this website.

It is possible that other people registered with this website may use this website in contravention of the Terms. If you experience problems with any other person registered with this website and would like to make a complaint, please send us an email via Contact Us on this website. RI takes no responsibility for and you agree to hold us harmless in connection with any dispute or claim that you make against any other person registered with this website. We reserve the right, but have no obligation, to monitor disputes between people registered with this website and we may record and store any information relating to any complaint made against a registered person.