Terms and Conditions
As a user of this site, your use of it, including other linked “No Agent” sites operated by us (collectively, the “No Agent Conveyancing site”) is subject to the terms set out in these Terms and Conditions (“Terms”).
About the No Agent Conveyancing site
(a) The No Agent Conveyancing site is an online medium that connects users to conveyancing services, predominantly for property purchase and sale-related activities.
(b) The terms set out in the following paragraphs apply generally to all users to the No Agent Conveyancing site (including registered users and browsers of the No Agent Conveyancing site). We recommend that you carefully read these terms before you use the No Agent Conveyancing site.
Copyright
Copyright in the content on the No Agent Conveyancing site and in the No Agent Conveyancing site itself (as a compilation of information) is owned by us, our advertisers or content suppliers.
Transactions between sellers and buyers
We are not an agency or conveyancers and are not involved in the actual transaction between sellers and buyers, nor are we directly involved with the conveyancing or legal documentation pertaining to the sale of property. We are merely a platform to connect users with conveyancing services. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any services advertised on the No Agent Conveyancing site or the ability of sellers and buyers to actually enforce or complete a transaction.
Usage rules
You warrant to us that you will not use the No Agent Conveyancing site for any purpose that is unlawful or prohibited by the Terms.
1) You must not:
(i) data mine or conduct automated searches on the No Agent Conveyancing site or the content on the No Agent Conveyancing site, whether through the use of additional software or otherwise;
(ii) incorporate any of the content on the No Agent Conveyancing site with any other material, including advertising or promotional material;
(iii) create HTTP links from the No Agent Conveyancing site to any other website on the Internet, or frame or mirror the No Agent Conveyancing site without our prior written consent;
(iv) use the No Agent Conveyancing site or any facilities available on the No Agent Conveyancing site for any activities, or transmit to or via the No Agent Conveyancing site any information or material which:
1. breaches any laws or regulations;
2. breaches the Terms;
3. infringes a third party’s rights (including intellectual property rights and rights of privacy) or misuses another person’s confidential information;
4. is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any of our sites (including discussion forums);
5. is false or misleading;
6. is an unsolicited commercial electronic message;
7. impersonates another person (for example, by pretending to be someone else when you register for our services) or uses another user’s account without permission; or
8. identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority;
(v) make unauthorised modifications to the content on the No Agent Conveyancing site;
(vi) knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the No Agent Conveyancing site; or
(vii) attempt to do, or permit another person to do, any of the above acts.
2) You may download and print information and tips from the No Agent Conveyancing site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the No Agent Conveyancing site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth).
Communications to you
(a) Any communications or notices we send you in relation to your transactions or use of the No Agent Conveyancing site are not intended to endorse or guarantee your transactions. We do not endorse or approve any information provided to you by other users of the No Agent Conveyancing site and it is your responsibility to exercise caution on the No Agent Conveyancing site.
(b) You may receive service related emails from us and such messages will not include a functional unsubscribe facility.
Fees
We will notify you the fees payable for your use of the services available on the No Agent Conveyancing site and you will be responsible for paying these fees. Your fees to us for the services provided by the No Agent Conveyancing site are non-refundable.
No Warranty
(a) We take all reasonable care in providing valuable information for conveyancing purposes. However, the information in our publications and on the No Agent Conveyancing site is provided ‘as is’ and we do not warrant or represent that it is complete, current or free from errors or omissions.
(b) We take all reasonable care in connecting you with capable and certified conveyancing service providers. We do not warrant that the products or services provided by third parties will be suitable for your purpose or within the laws and regulations of your state. You must investigate for yourself the suitability, quality and legal qualifications of the service offered to you via the No Agent Conveyancing site. It is your responsibility to verify any information on the No Agent Conveyancing site, or provided to you by other users of the No Agent Conveyancing site before relying on it.
(c) We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the No Agent Conveyancing site. However, availability of our services and access to the No Agent Conveyancing site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the No Agent Conveyancing site will be continuous, uninterrupted, timely, fault free, virus free or secure.
Our liability to you
a) The terms that apply to our supply of the No Agent Conveyancing site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
b) We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:
(i) we are not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the No Agent Conveyancing site, including in relation to transactions entered into with other users of the No Agent Conveyancing site;
(ii) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
(iii) we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
(iv) we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
(v) we are not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.
c) You release us and our related bodies corporate from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the No Agent Conveyancing site.
Your liability to us
You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.
Termination, suspension and limitation of your access
(a) We may bar, suspend, terminate or limit your access to the No Agent Conveyancing site at any time if you are in material breach of the Terms and:
(i) we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or
(ii) the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the No Agent Conveyancing site immediately by telling you).
(b) If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to signing up under another account name or pseudonym. If we identify that this has taken place your subscription and usage of the site will be immediately removed without further notice to you and you will forfeit all fees paid.
Our other rights to terminate, suspend or limit your access
We may suspend, terminate or limit your access to the No Agent Conveyancing site with as much warning as we reasonably can, if:
(a) we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the No Agent Conveyancing site (including credit risk resulting from you not paying any fees owed to us on time);
(b) the law requires us to do so;
(c) we believe on reasonable grounds that providing access to the No Agent Conveyancing site to you is illegal or may become illegal;
(d) there is an emergency; or
(e) we have received a serious complaint or multiple complaints regarding your activity and/or membership.
Other websites
(a) The No Agent Conveyancing site may contain links to other websites which are not maintained or controlled by us or our related companies. These sites are not part of the No Agent Conveyancing site. Any links are provided by us solely for your convenience.
(b) We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the No Agent Conveyancing site and do so entirely at your own risk.
(c) We take no liability, make no representations or warranties whatsoever, for any person/business/company/robot who has accessed or copied any data or advertisements from our website for any other purpose.
Partner websites
1) No Agent Conveyancing may be reliant on other websites (partner sites), for other packages made available to our customers. No Agent Conveyancing subscribes to and pays fees to be able to provide these services and may have individual agreements with our partner sites. No Agent Conveyancing takes no liability if any changes, disruption or cancellation of any agreements or services provided by any of its partner sites occur. If in the event that your access to another website initially granted via fees paid to No Agent Conveyancing is disallowed or cancelled by that other website, any pre-paid fees from our customers to No Agent Conveyancing are non-refundable. You indemnify No Agent Conveyancing from any actions on your behalf should No Agent Conveyancing be unable to provide access, to any of its partner sites at any stage.
2) If we offer conveyancing services to you via a third party, we have done so on your specification and it is your responsibility to check the information you have provided and report any discrepancies to us by email or in writing.
No offer where illegality arises
Nothing on the No Agent Conveyancing site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
Changes to the Terms
a) From time to time, we may need to change the Terms to reflect our changing business. We may also need to change the Terms if we are required by law, for security reasons or for technical or infrastructure reasons.
b) We may change the Terms (including any policy incorporated in the Terms) at any time by posting the changed Terms on the No Agent Conveyancing site and by posting a notice to users on our homepage stating that a change has occurred.
Miscellaneous
(a) We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by the Terms.
(b) If any of the Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
(c) If we do not act in relation to a particular breach by you of the Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of the Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
(d) The Terms (and your dealings with us) are subject to the laws of Victoria, Australia.