Terms of Service

These terms and conditions apply to all manners of use and access to this web site, including, without limitation, where the use is for the purposes of viewing information published on this web site (“information service”) and the use of this web site for publication of your opinions of real estate agents. In using this web site, you agree to be bound by these terms and conditions.

If you do not accept these terms and conditions, you must refrain from using this web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site that we may publish on this web site from time to time. If you do not accept these terms and conditions wholly and unconditionally, you must refrain from using this web site.

General information only

You accept that any information provided on this web site is for general information purposes only and is not in the nature of advice.

We do not make any representations or warranties that the information we provide is reliable, maintained, up to date, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We do not purport to endorse the contents of opinions provided on our web site nor the accuracy or reliability of those opinions. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us or any other persons on this web site. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material or opinions on this web site, which is made available to you pursuant to our information service.The listing of real estate agents business names is for information purposes only and does not imply a connection or association with any of the real estate business's.

Opinions are responsibility of opinion providers

We do not accept responsibility for third party opinions posted on this web site. Responsibility for the content of opinions appearing on this web site (including hyperlinks to real estate agents’ own web sites) rests solely with the persons and organisations who send us their opinions (“opinion providers”). If you send us your opinion on any real estate agents (whether via this web site, or by giving us your responses to our questionnaires, or otherwise), then you are an opinion provider. The placement of an opinion provider’s opinion by us on this web site does not constitute a recommendation or endorsement by us of the opinion given to us (whether the opinion was given to us via this web site or otherwise) and each opinion provider is solely responsible for all and any warranties and representations made by their opinions. All opinion providers, when giving us their opinion on real estate agents (whether by uploading an opinion to this web site or otherwise), must warrant that they have not relied on any advice given or representation made by or on behalf of us in relation to this web site.

Opinion providers must accept full responsibility for their opinions.

There are some situations where we cannot accept an opinion, and we reserve the right to reject or edit opinions where we consider appropriate. However, we do not have the capacity to monitor all opinions sent to us prior to publication of those opinions on this web site. All opinion providers must ensure that their opinions are not misleading or inaccurate, and agree not to post or transfer to our website (nor include in any message) any material or opinion which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. All opinion providers agree to indemnify us in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of their obligations under these terms and conditions, in respect of any claims made against us by any third party (including, without limitation, by any real estate agents) as a result of any opinion, or any negligent act or omission by an opinion provider, or any actual or alleged breach of any law, regulation, code of conduct, as a consequence of all or any of an opinion provider’s opinions. All opinion providers must also agree to provide such indemnification in respect of any modification that we may make to their opinions.

We accept no liability for loss or damage caused by reliance on this web site

We do not accept liability for loss or damage caused by your reliance upon any information obtained through this web site and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

We do not accept responsibility for any loss or damage, however caused (including without limitation, through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained in or accessed through this web site.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. 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 (at our option): (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. Except as otherwise stipulated in these terms and conditions, and to the extent permitted by law, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to information you directly or indirectly acquire from this web site or in respect of any failure or omission on our part to comply with our obligations as set out in these terms and conditions.

Information service

We publish our own opinions and also acquire third party opinions for publication on our web site. Any opinions of third parties published on our web site remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of those opinions or their fitness for any particular purposes. Similarly, we do not guarantee the accuracy, completeness or usefulness of any of our own opinions, or any other information contained in any materials we publish on this web site, or its fitness for any particular purpose. Some of our opinions may be based upon responses provided by real estate agents or other third parties to us in response to our questionnaires and we take no responsibility for the content of those responses. The responsibility for those responses remains with the providers of those responses.

Our role

In the event that you order goods or services from a real estate agent you find via this website, a contract will be formed directly between you and the relevant real estate agent, should you choose to enter into such contract. Our relationship to you is that of an independent contractor. We are not an agent employed by, you or any real estate agent. If you have any doubts about the ability of a real estate agent to discharge its obligations, it is your responsibility to make all necessary enquiries in advance and to take any steps which you consider to be appropriate in the circumstances.

Seller referral agreement

You understand that if you ask us to locate a real estate agent via this web site for the purpose that the real estate agent will sell your property the following will occur:
(a) the real estate agent will agree to pay us 20% of their proposed selling commission for locating a potential vendor who will use their service (“our commission”);
(b) if a sale occurs the real estate agent must pay us our commission within 7 days of the agent receiving their commission. 

Specific warnings

You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

You agree to use our web site for lawful purposes only.

You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.

Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.

Advertisements

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products or services and each advertiser is solely responsible for any representations made in connection with its advertisements. Premium advertisements appearing on our web site are paid for by advertisers and will appear more prominently on our web site than free advertisements. Premium advertisers must enter into a separate advertising agreement with us prior to listing their advertisements on our website.

Terminology

The expressions “you”, and “your” are references to you as a visitor to this web site, either for the purpose of viewing the information contained on this web site, or for the purpose of submitting your opinion of real estate agents, also as real estate agents who use this service for promotion or for any other purpose.

Copyright

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

1. adapt, reproduce, store, distribute, link to, cross reference, print, display, perform, publish or create derivative works from any part of this web site; or

2. commercialise any information, products or services obtained from any part of this web site,

without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Trade marks

Except where otherwise specified, any word or device to which is attached the ™ or Æ symbol is a registered trade mark.

You may only use our trade marks if we have given you our prior written consent for you to do so.

If you use any of our trade marks in reference to our activities, products or services (including this web site), you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

1. in or as the whole or part of your own trade marks;

2. in connection with activities, products or services which are not ours;

3. in a manner which may be confusing, misleading or deceptive;

4. in a manner that disparages us or our information, products or services (including this web site).

Restricted use

Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.

Linked web sites

This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked web sites.

Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.

Termination of access

Access to this web site may be terminated at any time by us without notice. These terms and conditions will nevertheless survive any such termination.

Governing law

These terms and conditions are governed by the laws in force in the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

These terms and conditions do not authorise any party to bind the other party in any way by any warrant, Deed, contract, representation or order written or oral or by any instrument or action of any kind whether in its own name or the name of the other or otherwise nor will either party refer to or use the other’s name or the name of any director, officer or consultant of the other party either alone or in any combination whatsoever and whether in any labelling, publication, article or any form of advertising or publicity or otherwise except with the specific written consent of the other party hereto.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

To return to the web site, click www.goodagentguide.com.au/ here. By doing so, you acknowledge that you have read, understood and accepted the above terms of use.

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