Terms and Conditions

Contents

 

General Terms and Conditions

DIYsalesandleasing is the registered trading name of DIYsalesandleasing (ABN 46415781213) referred to as “DIY” or “us” or “our” or “we” in these terms and conditions. DIY operates the website (including the home page and all sub-pages) located at the URL (“DIY website” or “our website” or “site”).

Through the DIY website, DIY provides advertising and marketing services to allow you to advertise and promote:

• the sale and leasing of real estate or the refinancing of loans secured by an interest in real estate; and

• to the extent that you are an approved third party merchant who has accepted our Merchant

Agreement (“Merchant”), services related to the sale of real estate or the refinancing of loans secured by an interest in real estate, (“DIY service”, “our service”).

At DIY we are committed to best practice measures in all that we do. We aim to maintain a high level of customer support for each person or entity who uses our website or is registered to use our website (“site user”) as well as offering our site users access to relevant information regarding our website’s terms and conditions and our commitment to respecting your privacy. It is important that all our site users understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. To contact us send us an email to support@DIYsalesandleasing.com.au.

Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, our Site Content Policy, our Fair Use Policy , our Merchant Services Policy and (if you are a Merchant) our Merchant Agreement, and other rules, guidelines and policies referred to in these terms and conditions or posted on the DIY website by DIY, as amended from time to time, are the terms and conditions relating to the DIY service and the DIY website (“Agreement”) that apply between you and DIY.

You shall not advertise to, or solicit, other site users to buy, sell or hire any products or services through our service other than by you becoming an accredited DIY Merchant. If you wish to engage in any of the activities referred to in this paragraph you are obliged to apply to become a Merchant of DIY. To become a Merchant of DIY please contact us by sending us an email to message support@DIYsalesandleasing.com.au and we will be happy to speak with you further.

By proceeding further, you agree that you will be bound by the Agreement at all times. Please read the Agreement very carefully and if you do not agree with the Agreement, please do not use our website. If you proceed to register as a site user of the DIY website or as a DIY Merchant or continue to use the DIY website you will be deemed to have accepted the Agreement and you will agree to be bound by it.

Effect of acceptance

Please note that on completion of the DIY online registration process, which includes you expressly acknowledging that you have read, understood and accept this Agreement, your ability to become a site user will be activated and you will have entered into a legally binding agreement with DIY for the provision of the DIY service. You should read this Agreement carefully before completing the registration process.

Amendment, termination and entire agreement

The Agreement is subject to change by DIY at any time at our sole discretion. We will post all amendments to the Agreement on the DIY website. If you subsequently continue to use the DIY website, the DIY service or continue as a site user, you will be deemed to have accepted the Agreement as amanded.

Please note that DIY reserves the right to terminate your use of the DIY website for any reason, and reserves all of its rights in relation to all other matters.

The Agreement forms the entire agreement between you and DIY unless expressly stated by us otherwise and applies to the entire DIY website as well as to any correspondence, communication and other interaction of any kind between DIY, as the service provider, and you, as the user.

A reference to the terms and conditions or the Agreement means this Agreement as amended from time to time.

Legal capacity and minimum age

You expressly warrant to DIY and to any other site user that you have attained the minimum age of 18 years and otherwise have the full legal capacity to use the DIY website and to enter any transaction sourced or derived from your use of the DIY service or DIY website.

If you are not sure of your legal capacity in relation to any transaction you should obtain your own independent legal advice in relation to your legal capacity and any transaction (financial or otherwise) you propose to enter before you perform any act or enter any transaction on the DIY website.

You further warrant that you will ensure that this Agreement is binding on your legal heirs, assignees, successors and personal representatives.

DIY account security and access

You are responsible for maintaining the confidentiality of your DIY User Name and password (‘UNPW’), and you are fully responsible for all activities that occur under your UNPW. You agree to immediately notify DIY of any unauthorised use of your UNPW or any other breach of security and to ensure that you exit from your account at the end of each internet browser session. DIY will not be liable for any loss or damage of any kind arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer or any computer that you believe or may have reason to believe is not secure so that others are not able to view or record your password or other personal information.

While DIY endeavours to ensure that the DIY website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. Access to the DIY website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. DIY at any time may request some form of identification to establish the creditability of an account or its contents.

Privacy

Use of the DIY website and/or the DIY service is governed by our Privacy Policy as set out on this DIY website and such Privacy Policy forms part of this Agreement.

Contacting advertisers

If you have clicked any of the contact buttons on a property listing page (“Email Seller” or “Phone Seller”) and/or you have used the DIY website you agree to the DIY website terms and conditions. Specifically, you acknowledge your agreement with, and understanding of, the “Contacting advertisers” clause as detailed here in this section.

By using the DIY website you agree not to contact any advertiser for any purpose other than to potentially purchase/lease their advertised property. If you are an individual, business, real estate agency, real estate agent or acting on behalf of a real estate agency or agent you agree that you cannot solicit business with any advertiser on the DIY website either by mail, phone, email or any other means without express written permission from DIY.

Disclaimers

You further warrant and agree that you will undertake of your own accord such checks, independent verification and independent advice to satisfy yourself of:

  • The legal identity and capacity of any other party involved in any transaction facilitated by your use of the DIY website; and
  • The suitability and particulars of, and encumbrances, interests and laws affecting any real estate or interest in real estate that is published, disclosed, marketed, advertised or promoted using the DIY service.

You acknowledge that DIY and its officers, servants or agents expressly make no warranty or representation of any kind to you that any party (including you) using the DIY website has attained 18 years of age or is acting in full legal capacity in effecting any transaction through the DIY website.

Limitation on liability

Subject to any liabilities that may not be limited by law, DIY, its officers, servants and agents and any related person, company or entity of DIY, will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the use of this DIY website, any activity, transaction, communication or other interaction between you any other party either directly or outsourced by DIY in any way or in connection with the use, inability to use or the results of use of this DIY website. Subject to the foregoing, DIY’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to DIY for the use of the DIY website.

Your liability to us

You are liable to us for breach of this Agreement or negligence under the principles applied by courts. You are not liable to us for any loss to the extent that it is caused by us (for example, through our negligence or breach of contract). You agree to indemnify us, our officers, employees and agents against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Agreement.

Customer support

DIY may from time to time provide assistance and guidance through its customer support representatives. If we feel that your behaviour towards any of our customer support representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your access to and use of our website and you will not be entitled to any refund.

Contact information

If you have any questions about the rights and restrictions above, please contact us at support@DIYsalesandleasing.com.au or click here for help.

Applicable law

These terms and conditions and this Agreement are governed by the law in the State of Victoria, Australia, and you agree to the exclusive jurisdiction of the courts in Victoria, Australia (and courts of appeal therefrom).

If you are accessing the DIY website from outside Australia you acknowledge that no representation of any kind is made by DIY or any other party as to compliance with any laws of any other country or the fitness of the DIY website or the DIY service for any purpose not governed by the laws of Australia.

General

In the event that you have any claim or action against any other site user arising from that site user’s use of our DIY website or the DIY service, you agree to pursue such claim or action independently of and without any demands from DIY, and you release DIY and its servants and agents from all claims, liability and damages, arising from or in any way connected to any claim or action.

If a claim or action is brought against us from your activities or use of the DIY website or the DIY service, including any breach by you of this Agreement or any charges or complaints made by other parties against you, you agree to indemnify us, hold harmless and defend us in the claim or action. You also agree to cooperate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect

Act of acceptance

By checking this checkbox or by using the DIY website you, confirm than you have read and understood this Agreement and agree to be bound by it.

Privacy Policy

DIYsalesandleasing – Privacy Policy

DIYsalesandleasing is the registered trading name of DIYsalesandleasing (ABN 46415781213) referred to as “DIY” or “us” or “our” or “we” in these terms and conditions.

It is important that all our site users understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. To contact us send us an email to support@DIYsalesandleasing.com.au.

Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, our Site Content Policy, our Illegal Activities Policy , our Merchant Services Policy and (if you are a Merchant) our Merchant Agreement, and other rules, guidelines and policies referred to in these terms and conditions or posted on the DIY website by DIY, as amended from time to time, are the terms and conditions relating to the DIY service and the DIY website (“Agreement”) that apply between you and DIY.

DIY needs a wide range of “personal information” in order to carry out its business. “Personal information” is essentially information or an opinion that can identify you or any other person.

This Privacy Policy explains DIY’s approach to the handling of personal information, and how we comply with our privacy obligations. All copyright in this Privacy Policy is owned DIY and it must not be copied or otherwise used without DIY’s express written consent.

DIY is bound by the National Privacy Principles contained in the Privacy Act 1988. You can find more information about the Privacy Act and the National Privacy Principles on the Federal Privacy Commissioner’s website at www.privacy.gov.au.

1. What personal information does DIY collect and why?

DIY collects personal information from users of the site and the DIY service, and from merchants, partners, contractors, employees, and other people we do business with.

DIY primarily collects personal information for the purpose of:

• providing the DIY service and the site (e.g. to administer the correct communications between , administer our site user’s accounts, charge fees and to communicate generally with our site users and business contacts);

• sending you information and updates in relation to the site and the DIY service, and the services offered by our affiliate merchant partners and other suppliers;

• ongoing research and development of the different types of services and features that we manage, create and/or market to our site users from time to time;

• exchanging information (which you consent to) with any partners we partner with from time to time to enable any of the transactions or other business we manage, create and/or market to occur; and

• extracting and analysing information generated by our site users in the course of using the DIY service and site, so that we can manage and improve the site and the DIY service, market to our site users, and develop new products and services.

To illustrate, the personal information we collect about users of the site and DIY service includes:

• Identification information: This includes each site user’s name, address, contact details (including telephone numbers and email address), bank account details, credit card details, date of birth and driver’s licence number; and

• Property information: This includes the records and related information that you create during your listing and marketing of any of your properties for sale or refinance on the DIY site In most cases we will collect this information from you directly (by telephone or by your use of the DIY website) however in some cases we may be provided with information from other site users including our affiliate Merchant partners and other users and suppliers, from our own records of how you use the DIY website, or from other publicly available sources.

We need this personal information to provide our site users with the best possible service, to enable us to refine the services that we create and manage and to better develop the various types of related product offerings that we will market from time to time to our site users. This information is collected from our site user profile creation process and when site users communicate with us through our site during the course of the events that we create and market.

We also collect:

• Business Contact Information from and about our suppliers and other people we do business with (e.g. our merchants, our suppliers, our legal advisors, our insurers). This information is needed so that we can manage our business;

• Employee Information, however, this Privacy Policy does not apply to personal information collected or held by us about our employees. Employees should contact our HR Department if they have privacy questions;

• Website activity about what our customers are doing on our site and related websites. This helps us determine how best to provide useful information to our customers and to understand which parts of our site, products and other services are of most interest and use to them.

2. How does DIY use personal information?

DIY is a web based portal for managed property, mortgage finance and related services. We use certain aggregated, non-personal information (from sources which may include your personal information) to provide various property market and mortgage finance related data services for use by our site customers, to manage and administer site use of the DIY virtual community and to operate our business generally.

If you are a site user, we may use your personal information to verify your identity, process your site use application, assist you to subscribe or purchase products made available as part of the DIY service, debit your nominated bank account or credit card for payment of any services you may purchase from DIY or any of our affiliate merchant partners and for any other DIY activity you may choose and to generally. administer your account so as to provide you with the best possible service.

We will also use your personal information to communicate with you, including answering any enquires you may have.

Unless you tell us otherwise, we may also use your personal information to market to you special promotions, newsletters and other marketing material. For instance, DIY may email its site users information about its own promotions, or those offered by our business partners.

If you don’t want us to do this, we give you an opportunity to “opt out” from receiving such material on our pre-exercise questionnaire form. You can opt out at any time by activating the “opt out” feature that is included in your site user profile preferences. Similarly, you can also choose to “opt in” by de-activating this feature as and when you select.

3. Does DIY share my personal information with anyone else?

We analyse the personal information of our site users so as to develop services and products that may specifically be of interest to them. From time to time this will involve us speaking to other service providers to whom we may disclose your personal information in a few different ways with your prior consent, or to whom we may disclose aggregated non-personal information (based on sources including your personal information). These companies may help us provide better services to you, manage or enhance our customer data generally, assess your interest in our products and service offerings, provide customer service or assist us with various surveys.

Like most businesses, sometimes we outsource or “contract out” specific support services from time to time, and this may mean that our contractors see your personal information. For instance, sometimes we may engage IT contractors to maintain our databases. All our contractors are subject to strict confidentiality obligations, which means that they are authorised only to use personal information in order to provide the services or to perform the functions required by us.

We will disclose personal information if we are legally authorised to do so or under a legal requirement to do so (e.g. under a court order, or if required under legislation), or if an authorised request is made from a law enforcement agency.

Otherwise, we will only disclose personal information with the consent of the relevant individuals.

At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement or other issues of public importance, disclosure is necessary.

4. How can I access my Personal Information?

Privacy laws give you rights to seek access to the personal information we hold about you.

In limited circumstances, we may refuse your request to access, in which case, we will give you a reason for that refusal. We are not required to provide access where denying access is required or authorised by law or providing access would be unlawful.

In the first instance, all of the information that we have collected about you will be visible to you by accessing your site user profile on the DIY site. If you believe that there is any other personal information that we may have about you which is clearly identifiable as your information, then you can seek access by completing an access request form on our site. Generally, we should be able to provide you with access within a month of your request, although we may need more time if your request is complicated. Ordinarily, DIY will not charge you for the cost of providing access to your personal information. However, if we do propose to charge you, we will advise you of the relevant charge before we provide you with access.

We try to ensure that all the personal information that we hold about you is accurate, complete and up to-date.

However, we rely on you to help us with this by ensuring that the details you create in your site user profile are accurate and up to date. In order to ensure that all your personal information is accurate, complete and up-to-date we rely on you to contact our Privacy Officer to inform us of any changes that may need to be made. We will contact you if there is any issue about amending the record of personal information we hold about you.

If you wish to discuss our method of providing access or correction to personal information, please contact our Privacy Officer with your query.

5. Is my Personal Information kept secure?

DIY takes reasonable steps to ensure that the personal information we hold is stored in a secure environment and protected from unauthorised access, modification, theft, misuse, alteration or disclosure, including:

  • locking our offices after hours;
  • protecting all our computers with password and virus protection;
  • protecting our site by a firewall.

We also require our staff and contractors to adhere to our Privacy Policy in all dealings with us and to acknowledge the importance of storing personal information in a secure way, and to treat it like confidential information.

Where your personal information is no longer required by DIY it will be destroyed or de-identified.

DIY offers on-line services only to our site users. It is not permitted to become a site user of DIY without  completing the site user profile creation process that is accessed from our site. A part of this process involves providing DIY with the minimum amount of personal information that is requested as part of this web based process.

6. Website/online privacy

As we also collect personal information through the site, this Privacy Policy also outlines our approach to online privacy issues. In that context, it is to be read as forming part of the terms of use for our site.

Generally, DIY will handle personal information collected online consistently with the way that it handles personal information collected offline.

Other matters specific to DIY’s handling of personal information online are set out below. Cookies: When you visit our site, we will not collect any personal information unless you chose to provide it to us (e.g. by sending us emails or creating or updating your user profile through our site). However, we will collect certain data that does not identify you personally (sometimes called “web log information”) when you visit certain pages, such as the type of browser and operating system you have. We may also use “cookies” which are small files that are stored on your computer and that manage the security and navigation process of the site. You can choose to block these cookies but some portions of the site may not function correctly if you do. This type of data is collected for statistical purposes and online advertising including remarketing. While cookies will identify your computer, they are unlikely to identify you personally.

Email/SMS marketing: We will not email or SMS you marketing material unless you have consented to this. This is a requirement of the Spam Act 2003. Further, you can unsubscribe from our e-newsletter or other bulletins by using the “unsubscribe” facility contained in each electronic publication we send.

Site security policy: Our site uses technology to maximise the security of your personal information.

7. Contact details and other information

If you have any queries or concerns about privacy or this Privacy Policy, you can contact our Privacy Officer as follows using the “Contact Us” form on our site.

This Privacy Policy applies to DIYsalesandleasing (ABN 46415781213) trading as DIYsalesandleasing.com.au, its employees and contractors.

DIY may change its Privacy Policy at any time. This Privacy Policy was last updated in December 2013

 

Refund and Return Policy

DIYsalesandleasing is the registered trading name of DIYsalesandleasing (ABN 46415781213) referred to as “DIY” or “us” or “our” or “we” in these terms and conditions.

DIY operates the website (including the home page and all sub-pages) located at the URL (“DIY website” or “our website” or “site”).

Through the DIY website, DIY provides advertising and marketing services to allow you to advertise and promote:

  • the sale of real estate or the refinancing of loans secured by an interest in real estate; and
  • to the extent that you are an approved third party merchant who has accepted our Merchant Agreement (“Merchant”), services related to the sale of real estate or the refinancing of loans secured by an interest in real estate,

(“DIY service”, “our service”).

At DIY we are committed to best practice measures in all that we do. We aim to maintain a high level of customer support for each person or entity who uses our website or is registered to use our website (“site user”) as well as offering our site users access to relevant information regarding our website’s terms and conditions and our commitment to respecting your privacy.

It is important that all our site users understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. To contact us send us an email to support@DIYsalesandleasing.com.au.

Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, our Site Content Policy, our Illegal Activities Policy , our Merchant Services Policy and (if you are a Merchant) our Merchant Agreement, and other rules, guidelines and policies referred to in these terms and conditions or posted on the DIY website by DIY, as amended from time to time, are the terms and conditions relating to the DIY service and the DIY website (“Agreement”) that apply between you and DIY.

1. Entire Agreement

As part of the DIY service, DIY offers a range of services for our site users relating to the self management by you of your property and mortgage finance related transactions, research, services and other activities ( ‘Transactions”).

This document specifies our policy in relation to dispute resolution for any goods or services you may have purchased by using the DIY website and which have become subject to a dispute.

2. Services

Some of the services specified in the table at the end of this document that will be provided to you directly by DIY (‘DIY provided services’) and other services will be provided to you by merchants accredited with DIY (‘Merchant services’).

3. DIY provided Services

Where you feel you have a dispute with DIY in relation to any DIY provided service you should notify us within 30 days of you first becoming aware of the problem. To notify us you should send us an email to support@DIYsalesandleasing.com.au.

You agree that you will not make any claim against us for a credit, re-publication or any other remedy in respect of the Agreement unless you notify us in writing no later than 30 days after the date of the tax invoice or date of publication of the relevant Content (whichever is the earlier). You accept that we are unable to process the resolution of any dispute without the details of the dispute being provided to us in writing. We reserve the right to request more information from you or any other party in the dispute in relation to your dispute. We will endeavour to resolve your dispute during normal business hours (9am to 5pm, Monday to Friday, excluding any public holiday in Australia) as quickly as we reasonably can and you acknowledge that if you do not notify us with 30 days of you first becoming aware of the problem that our ability to deal with your dispute quickly or at all will be potentially compromised. In the event that we resolve your dispute in your favour, the extent of any liability we may have will be limited at the discretion of DIY to any amount(s) you have paid to DIY for the use of the DIY website in relation to the specific dispute. In this regard you acknowledge the provisions of the DIY terms and conditions relating to “limitation of liability”.

4. Merchant Services

Where you feel you have a dispute with any Merchant from whom you have purchased services by your use of the DIY website you are required to forward details of the dispute directly to the Merchant and to provide us with a copy. While we may, at our sole discretion, attempt to assist you in the resolution of any legitimate dispute you feel you have with any provider of Merchant services through the DIY website, you acknowledge that we have no obligation of any kind whether legal or otherwise to you, the Merchant or any other party in this regard. This document does not extend to any other service you may purchase or procure from any Merchant or other service provider that is not purchased by you through the DIY website. You acknowledge that DIY may collect the Merchant’s fees for the services you have purchased on the basis that these fees are held on trust by DIY for the Merchant until they are passed directly through to the Merchant as soon as possible after confirmation of your order or purchase request. You have no lien or charge over these fees. DIY has no direct or indirect financial or other interest in the transaction between you and the Merchant other than seeking to ensure the best possible service to you from the Merchant.

5. Cancellation Fee

As DIYsalesandleasing.com.au is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product is sent. As a customer you are responsible for understanding this upon purchasing any item at our site. Please note that our upgrade packages are offered on behalf of our respected partners and are not an issue for a refund or chargeback. However, we realize that exceptional circumstance can take place with regard to the character of the product we supply. Refund will not be processed for: •   Change of mind: DIYsalesandleasing.com.au will not give a refund if you simply changed your mind about the product. (CAV) •   Listing Upload Times: DIYsalesandleasing aim to complete services within reasonable time frames which are listed on the website. If these time frames aren’t met due to supplier error, weather or natural disasters, sickness of staff or anything out of DIYsalesandleasings’ control a refund will be declined. •   Emailing Photos or description issues: it may happen so that you are having problems while downloading photos, sending emails or returning compliance documents. Claims regarding such issues must be submitted to our technical support team by sending an email to support@DIYsalesandleasing.com.au. If you still cannot provide us with the appropriate information you will need to source your own on hand technical support.  All refunds are solely at the discretion of management and a minimum administration fee of $500 will apply to any refund on top of any supplier costs and charges incurred. Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner. Thank you for using DIYsalesandleasing.com.au.

Merchant Services Policy

DIYsalesandleasing is the registered trading name of DIYsalesandleasing (ABN 46415781213) referred to as “DIY” or “us” or “our” or “we” in these terms and conditions.

It is important that all our site users understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. To contact us send us an email to support@DIYsalesandleasing.com.au.

Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, our Site Content Policy, our Illegal Activities Policy , our Merchant Services Policy and (if you are a Merchant) our Merchant Agreement, and other rules, guidelines and policies referred to in these terms and conditions or posted on the DIY website by DIY, as amended from time to time, are the terms and conditions relating to the DIY service and the DIY website (“Agreement”) that apply between you and DIY

1. Merchant services

The DIY website may contain information about the products, goods and services offered by Merchants. You acknowledge and agree that insofar as products, goods and services (or information about goods or services) are offered on or through the DIY website by Merchants:

(a) the information published on this website about the products, goods or services of the Merchants is provided by the Merchants. DIY is not responsible for the accuracy or validity of any information provided by Merchants or regarding the Merchant or Merchant products or services;

(b) DIY does not act as broker for any Merchants;

(c) DIY does not act as agent for any Merchants, except for the purpose of collecting fees charged by Merchants in accordance with the paragraph titled “Declaration of Trust”;

(d) DIY does not act as your agent or broker in relation to the products, goods or services provided by the Merchants;

(e) any agreement entered into with a Merchant as a result of your use of the DIY website is an agreement between the Merchant and you;

(f) DIY does not provide advice to you in relation to the goods and services offered by the Merchants; and

(g) DIY does not provide any warranties of any kind in relation to the goods or services provided by the Merchants and will not be liable to you or any third party for any failure, wrong or default of a Merchant.

(h) Merchants engaged by DIY hold all the specific and required licenses for the delivery of their service at the time of engagement by DIY.

Where DIY is paid a commission by a Merchant this will be disclosed to you.

2. Linked websites

Our website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

DIY is not responsible for the content or privacy practices associated with the linked websites. Our links to linked websites should not be construed as an endorsement, approval or recommendation by us o the owners or operators offered by those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

3. Declaration of trust

Where DIY collects a fee from you for the provision of a product or service by a Merchant:

(a) that amount will be shown separately on DIY’s tax invoice; and DIY declares that it will hold such amount upon trust for you for the specified third party or Merchant absolutely until such amount is paid to the designated third party or Merchant, provided that money received in respect of DIY’s tax invoice will be applied in the following order of priority:

(b) payment of goods and services tax (and other similar taxes and charges with respect to that tax invoice);

(c) payment of delivery charges (and other similar third party charges other than Merchant fees and charges);

(d) payment of DIY’s fees and charges; and

(e) payment of Merchant fees and charges.

 

Fair Use Policy

DIYsalesandleasing is the registered trading name of DIYsalesandleasing (ABN 46415781213) referred to as “DIY” or “us” or “our” or “we” in these terms and conditions.

It is important that all our site users understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. To contact us send us an email to support@DIYsalesandleasing.com.au.

Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, our Site Content Policy, our Illegal Activities Policy , our Merchant Services Policy and (if you are a Merchant) our Merchant Agreement, and other rules, guidelines and policies referred to in these terms and conditions or posted on the DIY website by DIY, as amended from time to time, are the terms and conditions relating to the DIY service and the DIY website (“Agreement”) that apply between you and DIY.

Range of the DIY service

Your proper acceptance of the Agreement gives you the ability to participate in all applicable features and services available within the DIY service and other charged Merchant services as they become available through the DIY website. By participating in the features of the DIY service as a Merchant, you also agree to the Merchant Agreement.

Use of the DIY website gives you the ability to create one site user profile only. Multiple profiles are not allowed however you may create and / or participate in multiple groups of shared interest. You may also participate in various events and promotions offered from time to time by DIY and any of our partner Merchants from time to time. You may also communicate with various Merchants or other site users via the DIY communications centre.

You understand and acknowledge that the DIY website and the DIY service is provided to you as a platform and toolkit to facilitate the self-management by you of the relevant matters relating to the sale or purchase or re-finance of your property.

You acknowledge that the DIY service provides a passive conduit for the online distribution and publication on information about real estate and other related goods and services advertised, marketed or promoted for sale. We are not involved in the actual transaction between site users and we have no control over and, to the extent permitted by law, make no warranties in relation to the suitability, quality, safety, legality of any of the real estate or other goods and services offered for sale on the DIY website, the accuracy or truth of any advertising listings on the DIY website or the ability of site users to actually enforce or complete any transaction contemplated by the advertisements published on the DIY website.

You release and indemnify DIY from any and all claims, demands and proceedings of any kind including, but not limited to, proceedings for any consequential loss, economic loss or any claim of any kind, that may arise out of your listing, selling, purchasing or refinancing of any property on the DIY website.

 

Prohibited activities

DIY reserves the right solely at our discretion to investigate and terminate your site use if you have misused the DIY service, or behave in a way which we regard as inappropriate, unlawful or illegal. The following is a non-exhaustive list of the type of actions that you may not engage in with respect to the DIY service. DIY reserves the right to amend this list at any time. It includes:

1. You will not send or post Content which constitutes or encourages conduct that would be considered a criminal offence in Australia or any other country in the world.

2. You will not send or post Content which is prohibited by this Agreement or otherwise infringes the rights of any third party.

3. You will not post, distribute or reproduce in any way any copyright material, trade marks, or other intellectual property or proprietary information without obtaining the prior consent of the owner of such proprietary rights.

4. You will not impersonate any person or entity.

5. You will not harass any other person.

6. You will not solicit money from any other person.

7. You will not express or imply that any statements you make are endorsed by DIY without our specific prior written consent.

8. You will not use any robot, spider, or other device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the DIY service or its contents.

9. You will not “frame” or “mirror” any part of the DIY service or the DIY website, without DIY’s prior written authorization.

10. You shall not use code or other devices containing any reference to DIY, our DIY service or our website to direct persons to any other web page.

11. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the DIY service or the DIY website or any software used on or for the DIY service or cause others to do so.

12. You will not use the DIY service to transmit or otherwise in connection with any chain letters, spamming, junk email or any unsolicited messages.

13. You will not upload files that contain viruses, corrupted files or other similar software or programs that may damage the operation of the DIY website or any other person’s computer or property.

14. You will not restrict or inhibit the use of the DIY service or the DIY website by others.

 

Duration, expiry and termination

This Agreement commences on your completion of this online registration and will remain in full force and effect while you are a member of DIY. You may terminate your use of the DIY website at any time, for any reason, effective upon receipt by us of your written or email notice of termination. You may terminate your account online by selecting ‘terminate account’ within your account settings, or by sending written notice to support@DIYsalesandleasing.com.au from your previously notified email address.

We may immediately terminate your site user and your access to the DIY service at any time because we believe you have breached this Agreement or acted in a way that we believe is likely to be detrimental to DIY. If we do this we will send you notice of termination at the email address you provide to DIY and included in your profile. You have the obligation to ensure that any email address you provide to us is a valid and current email address and any email we send to your recorded email address shall be deemed an effective service of notice on you by DIY.

You have the obligation to ensure that any email address you provide to us is a valid and current email address and any email we send to your recorded email address shall be deemed an effective service of notice on you by DIY.

If we terminate your use of the DIY website because we are of the opinion that you have breached the Agreement or acted in a way that we believe is likely to be detrimental to DIY, we will not refund any payments made by you. We can terminate this Agreement at any time by giving you reasonable advance written notice. In the case of violation of one or more of the terms of this Agreement by you, we may block your account(s), delete prohibited content, prevent publication of all or part of your member profile, remove you from any groups that you participate in and terminate any groups that you may have created.

We may do this at any time at our sole discretion, and we are not obliged to provide you with any reasons if we exercise our discretion in this regard in whole or in part. We may also block your access to all or part of the DIY service, either permanently or temporarily. In addition, DIY may at its sole discretion deactivate the accounts of site users who have not used the DIY service for a period of 6 months or more (as calculated by the date of last connection to the DIY service).

 

Property Listing Policy

DIYsalesandleasing is the registered trading name of DIYsalesandleasing (ABN 46415781213) referred to as “DIY” or “us” or “our” or “we” in these terms and conditions.

It is important that all our site users understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. To contact us send us an email to support@DIYsalesandleasing.com.au.

Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, our Site Content Policy, our Illegal Activities Policy , our Merchant Services Policy and (if you are a Merchant) our Merchant Agreement, and other rules, guidelines and policies referred to in these terms and conditions or posted on the DIY website by DIY, as amended from time to time, are the terms and conditions relating to the DIY service and the DIY website (“Agreement”) that apply between you and DIY.

1. Legal capacity to offer your property for sale or refinance

If you use the DIY website or the DIY service to promote, advertise or market:

  • the sale or proposed sale of real estate (“subject property”); or
  • the refinancing or the proposed refinancing of a loan secured by the subject property, you further warrant that you have full legal capacity and lawful entitlement to do so pursuant to one or more of the following criteria:
  • you are the registered proprietor of the subject property, acting with the authority of all other joint proprietor(s) or tenant(s) in common;
  • you are the director of the registered proprietor acting with the approval of the board of directors of the registered proprietor, if the registered proprietor is a corporation within the meaning of section 9 of the Corporations Act 2001;
  • you are acting pursuant to a legally enforceable power of attorney from the registered proprietor of the subject property which has not been revoked;
  • you are acting as a trustee of a trust which is the registered proprietor of the legal interest in the subject property, and you are acting in accordance with the relevant trust deed;
  • you are acting as an agent for the registered proprietor of the subject property, pursuant to a written authority that complies with all applicable laws in the State or Territory in which the subject property is situate, including but not limited to laws regarding the sale of real estate by agency;
  • you are acting as a mortgagee in possession of the subject property;
  • • you are acting as the executor of or pursuant to a grant of probate in relation to the estate of the registered proprietor which authorises you to sell the subject property; or
  • • you are acting pursuant to an order of a Court of a State or Territory in Australia which authorizes you to sell the subject property.

2. Right of verification

DIY reserves the right to independently verify (at our sole discretion):

  • the availability of properties offered for sale;
  • the information you provide relating to properties you offer for sale; and
  • any other information relating to you, the properties you offer for sale or any other aspect of your use of the DIY website

3. Act of acceptance

By checking this checkbox or by using the DIY website you, confirm than you have read and understood this Agreement and agree to be bound by it.

 

Site Content Policy

DIYsalesandleasing is the registered trading name of DIYsalesandleasing (ABN 46415781213) referred to as “DIY” or “us” or “our” or “we” in these terms and conditions.

It is important that all our site users understand and agree to our terms and conditions and we encourage you to contact us should you require any clarification. To contact us send us an email to support@DIYsalesandleasing.com.au.

Our General Terms and Conditions, our Privacy Policy, our Refunds and Returns Policy, our Property Listing Policy, our Site Content Policy, our Illegal Activities Policy , our Merchant Services Policy and (if you are a Merchant) our Merchant Agreement, and other rules, guidelines and policies referred to in these terms and conditions or posted on the DIY website by DIY, as amended from time to time, are the terms and conditions relating to the DIY service and the DIY website (“Agreement”) that apply between you and DIY.

1. Content Acceptance

We accept Content in good faith on the basis of warranties provided by each site user. You acknowledge and agree that DIY does not represent or endorse the accuracy or reliability of any Content, linked websites, advice, opinion, statement or other information displayed, uploaded or distributed through the DIY service by us, our partners, Merchants or any site user or any other person or entity.

The material at the DIY website is provided ‘as is’ without any conditions, warranties or other terms of any kind. It is your responsibility to verify any information on the DIY website or provided to you by other site users before relying on it.

2. Posted Content

You agree that any material that you transmit or post to the DIY website including information, descriptions, content, images, blogs, emails, Instant Messenger conversations, photographs or profiles (“Content”) will be considered non-confidential and that you provide DIY with a perpetual, irrevocable, royalty free, non-exclusive license to use, modify, publish, copy, communicate, adapt, reproduce, store, distribute, print, display, publish, perform or create derivative works, commercialize, sub-license, assign all or part of the Content.

You expressly waive any moral rights you may have in the Content, including but not limited any rights you may have to be identified as the author of the Content, not to have the Content falsely attributed to another person or entity, and not to have the Content subject to derogatory treatment.

You acknowledge and agree that we will have no obligations with respect to the Content other than as required by law and, to the extent that the Content includes “personal information” within the meaning of the Privacy Act 1988, as required by our Privacy Policy. We will be free to copy, disclose, distribute, incorporate and otherwise use such Content and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes at our sole discretion and having regard to our obligations to you as disclosed in our Privacy Policy. In that regard, this clause expressly excludes your personal information and any documentation that is marked as being subject to legal professional privilege or being confidential (such as documentation between you and your legal representatives), which will only be used in accordance with our Privacy Policy.

Subject to this Agreement, we will use reasonable endeavours to publish advertising related Content submitted by site users in the format submitted by you and in accordance with your placement instructions. However, we reserve the right to vary the placement of the Content and change the format of the Content.

DIY may review, withdraw, alter and/or delete any Content that we judge to violate this Agreement or judge as offensive, defamatory, illegal, or that might harm, endanger, or violate the rights of site users.

You are solely responsible for the Content that you post on the DIY website or Content you transmit to other site users using our service. You warrant and agree that the Content is:

  • true, complete and accurate;
  • complies with all laws including but not limited to the Trade Practices Act (Cth), Fair Trading Acts (State) or equivalent legislation, Privacy Act (Cth), the laws of defamation, and State or Commonwealth antidiscrimination legislation;
  • is not in breach of this Agreement or any other law;
  • is not harmful to any person in any way;
  • does not infringe any third party rights (including but not limited to intellectual property rights and rights of privacy).

DIY does not accept responsibility for errors in any advertising Content received electronically from you or any other site users. You must promptly check the Content posted on the DIY website and notify us of any errors in the published Content.

It is your responsibility to notify us upon the sale of the real estate or item to which your Content relates and to ensure that the relevant Content is removed from the DIY website.

The information that you supply to DIY and post on the DIY website must be accurate and conform to realty.

3. Prohibited Content

The following is a partial and non-exhaustive list of the kind of Content which is prohibited on the DIY website. DIY reserves the right to amend, add to or delete from this list at any time at the sole discretion of DIY. Prohibited Content includes Content that (in DIY’s opinion):

  1. is offensive;
  2. promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual;
  3. constitutes a profile or photographs of any third person used without their permission;
  4. profile photos containing any person other than yourself or any property other than the subject property;
  5. contains a cartoon or illustration (other than for the purposes of accurately illustrating a property or part thereof where a photograph is not possible or would not accurately represent the property);
  6. contains images of animals, scenery or objects of anything other than your current self (this clause does not apply to Gallery or inventory photos);
  7. is sexually explicit or contains sexual references / innuendo;
  8. involves the transmission of unsolicited mass mailing;
  9. promotes information that is false, misleading or deceptive or capable of being misleading or deceptive;
  10.  promotes, or provides information about, illegal activities or conduct;
  11. is abusive, threatening, obscene, offensive, defamatory or libelous;
  12. is an unauthorised copy of another person’s copyright work or otherwise breaches any person’s intellectual property rights;
  13. contains restricted or password only access pages, or hidden pages or images;
  14. contains pictures of people under the age of 18 (even if they are your children);
  15. provides material that exploits people under the age of 18, or is used to solicit information from anyone under 18;
  16. solicits passwords or personal identifying information from other users;
  17. engages in commercial activities and/or sales without our prior written consent; or
  18. is otherwise unlawful in any way.

IMPORTANT: DIY reserves the right to investigate and take appropriate legal action against anyone who breaches this clause or is involved with the breach of this clause. We may restrict, suspend or terminate the access and use of the DIY website by you or any other site user if DIY judges that you or another site user has been involved in the posting of Content that is prohibited or offensive.

4. Content Disclaimers

Accordingly, to the maximum extent permitted by law, DIY provides you with use of the DIY website on the basis that DIY excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill except where such law prohibits their exclusion). Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such 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 (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again.

DIY expressly disclaims (to the extent permitted by law) any warranties with respect to any products or promotional materials offered by our partners, Merchants or any site user or any other person or entity and provided, offered or made available to you by DIY, including (but not limited to) the implied warranties of merchantability, fitness for a particular purpose, legal capacity of any party and non – infringement of any rights of any other person. You acknowledge that any reliance upon such opinion, site user profile, advice, statement or information or other Content is solely at your own risk and with no recourse or other right of action in law or in equity against DIY or its officers, servants or agents. We are not responsible for the conduct, whether online or offline, of our site users. Please use caution and common sense when using the DIY website and the DIY service.

5. Intellectual property

DIY owns and retains all intellectual property and commercial proprietary rights in the DIY website and the DIY service and, except as expressly stated otherwise in this Agreement, any Content posted on the DIY website. DIY’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without DIY’s express written permission.

You may not post, distribute, or reproduce in any way any copyright material, trademarks, or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the DIY service in a way that constitutes copyright infringement, please contact us by email to support@DIYsalesandleasing.com.au