home    |    get info    |    list your house    |    contact

Terms & Conditions:

This document sets out the terms and conditions under which thebestagent.com.au ABN 94 045 302 839 ("we", "us", "our" or "thebestagent.com.au") provide this Internet site ("the Site") and services ("the Service") to you, where "you" are a user of the Site and the Service. You must read these terms and conditions carefully before using the Site.

The Site


The Site is owned and operated by thebestagent.com.au. By using the Site you agree to these terms and conditions and agree that you have read and understood this document.

These Terms and Conditions together with the Privacy Policy form the entire agreement between thebestagent.com.au and you.

thebestagent.com.au may vary the Site, the Service or any information available on the Site, or any part of them; modify or discontinue any part of the Site or any information on the Site without prior notice. thebestagent.com.au may, without prior notice, deactivate all or part of the Site or Service to carry out system maintenance, upgrading, testing or repairs.

thebestagent.com.au may amend these Terms and Conditions, the Privacy Policy and any other relevant agreements at any time by publishing the amendments on the Site. The amendments will be deemed effective seven calendar days after they have been communicated to you by being published on the Site. If you continue to use the Site after this time you agree to be bound by the amended terms and conditions, Privacy Policy and all related attachments.

The Site and Service are available to everybody who can form legally binding contracts under applicable law. The Site and Service are not available to persons under 18 years of age unless you have specific permission from a parent or legal guardian. In this case the parent or guardian must read and agree to these terms and conditions.

You can register to use the Site and the Service or any parts of them. When you have registered, you will be required to use your e-mail address and password for accessing the Site and the Service.

You must not reveal your password to any other persons and must use your password in accordance with these terms and conditions.

Links


You must not establish links on any other site to thebestagent.com.au or any other parts of the Site without the prior written permission from thebestagent.com.au.

thebestagent.com.au has not reviewed the sites linked to the Site and are not responsible for the Content or accuracy of any pages or any other sites linked to the Site. You must determine whether any page is part of the Site when you follow a link to that page.

Your correspondence or dealing with advertisers on the Site are solely between you and such advertisers. thebestagent.com.au will not be responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of presence of advertisements on the Site.

Your Information


"Your information" is any information you provide to thebestagent.com.au or its users while using the Site or the Service.

Your information must not:

  • be false, inaccurate or misleading;
  • infringe any third party's copyright or other proprietary rights or rights of publicity or privacy;
  • contain any viruses, worms, time bombs, cancel bots or other computer programming routines that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.
  • You are prohibited from posting to or transmitting through the Site any unlawful, harmful, abusive, defamatory, threatening, harassing, vulgar, profane, hateful, obscene, racially, ethnically or otherwise objectionable information, including (but not limited to) any information which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable state, federal or international law.
  • thebestagent.com.au does not control, endorse or approve any information provided by other users which is made available through the Site and the Service.
  • You are responsible for all charges associated with connecting to the Site and Service through an available access number and responsible for all telephone access lines, telephone and computer equipment, or other access devices, necessary to access the Site and Service.
  • thebestagent.com.au reserves the right to remove any information you save or upload to the Site without prior notice, including (but not limited to) database records, documents and image files. You agree that thebestagent.com.au may monitor the Site and may take any action with respect to your information under these terms and conditions.

General


These terms and conditions are governed by the laws of the State of South Australia, Australia. All users of the Site and Service irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia, Australia. If any part of this agreement is held to be invalid or unenforceable, such part must be given effect to the greatest extent possible and the remainder shall remain in full force and effect.

This Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms and Conditions.

Indemnity


You will indemnify and keep indemnified thebestagent.com.au and its subsidiaries, officers, agents, employees and affiliates from and against any loss (including legal costs and expenses) or liability incurred by thebestagent.com.au arising from any claim, demand, suit, action or proceeding against thebestagent.com.au where such loss or liability arose out of:

  • your reliance on the Site, the Content or any other information on the Site;
  • breach of any terms and conditions of this agreement by you or your employees, agents or representatives;
  • any actions or claims brought by third parties which relate to all or any part of the Content.

Liability


thebestagent.com.au is not liable to you or any other persons for any losses, damages, costs, expenses or liability directly or indirectly suffered by you as a result of your accessing, use or misuse of the Site and Service, or by your reliance on any Content or any other information available from or through the Site and Service.

You agree that thebestagent.com.au is not liable for the defamatory or illegal conduct of other users or third parties. thebestagent.com.au and any of its partners, agents, providers or affiliates shall not be liable for any damages arising out of use of the Site and Service.

When you use the Site and the Service you do so at your own risk.

Disclaimer


You acknowledge that:

thebestagent.com.au is an information provider and is not a real estate agency. The information and materials contained in the Site is general and may not apply to your circumstances. This information should not be used as a substitute for professional legal, financial or real estate advice;

thebestagent.com.au excludes all warranty in relation to the Content and any other information available from the Site and the Service and disclaims all liability arising out of or consequent to any use of or access by you of the Content or any other information available from, or through the Site and Service; any computer virus which occurs as a result of accessing the Site or Content or other information from the Site;

thebestagent.com.au excludes warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the Service;

thebestagent.com.au disclaims any and all warranty, including without limitation any warranty concerning the availability, accuracy or content of information, products or services, and any warranty of title or warranty of merchantability or fitness for a particular purpose;

Legal Compliance


You must comply with all applicable laws, statutes, ordinances and regulations in relation to your use of the Site and Service. You must comply with all clauses of this agreement and the privacy policy.

Breach


thebestagent.com.au may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Service to you if:

you breach these Terms and Conditions or the Privacy Policy;

we are unable to verify or authenticate any information you provide to thebestagent.com.au;

we believe that your actions may cause legal liability for you, our users or us.

Copyright


The subject matter on and accessible from the Site including (but not limited to) information, files, images and data is copyright under Australian copyright laws.

You acknowledge that all content on the Site: information, files, data, software, photographs, illustrations, video, graphics, text and other materials ("the Content") are protected by copyright or other intellectual property rights.

thebestagent.com.au grants users permission to download and display its copyright information and any content materials only for private purposes. Permission must be sought directly from thebestagent.com.au for reproduction or use of any information and content materials on the Site beyond such uses.

You must:

  • not yourself, or participate in or permit other person sell, distribute or modify or otherwise use any of the Content, in whole or in part, for any purpose without prior written permission from thebestagent.com.au;
  • not infringe the intellectual property rights of any person using the Site and the Service.

Privacy


By using this Site or any part of this Site or service, you agree to be bound by these terms and conditions as well as our Privacy Policy.