1. ABOUT THIS AGREEMENT

1.1. This Agreement comprises the following parts:

(a) the electronic application form for the Services available on the online agent portal (Application Form);

(b) these terms and conditions;

(c) the general Terms and Conditions of Use for the Website; and

(d) any other document provided to you by us expressed to form part of this Agreement.

1.2. If there is an inconsistency in a provision in the parts of this Agreement, then the provision in the part that is listed higher in clause 1.1 prevails to the extent of the inconsistency, unless otherwise indicated in this Agreement.

2. SERVICES

2.1. The Services provide you with the functionality and platform to enable you to list your properties for sale or lease on the website located at www.homesales.com.au. Please note that the features and functionality that may be available as part of the Services or that are available on the Website may be different depending on the device or application used to access the Services or the Website (eg desktop vs mobile).

3. COMMITMENT TO YOU

3.1. We will: (a) provide the Services with due care and skill, but does not guarantee that they will be continuous or fault free; and (b) use suitably qualified personnel to provide the Services.

3.2. We do not guarantee, represent or warrant that:

(a) you or users of the Website will have continuous access to the Website;

(b) the Services will be complete or free from all viruses, defects or errors. You acknowledge and agree that the existence of any defects or errors in a Service does not constitute a breach of any agreement between you and dr real estate; and

(c) any information supplied or accessed using a Service is correct and complete or sufficient for your intended use.

3.3. we will not be liable in the event that the Website is unavailable for any reason, including but not limited to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.

3.4. we will not charge a buyers premium fee.

4. YOUR COMMITMENT 

4.1. You are solely responsible for:

(a) obtaining any telecommunication services and infrastructures (including Internet access) required to access and use the Services; and

(b) ensuring that any communications through the Internet (including emails) is appropriately secured in transit and during delivery of such communications. we may use industry available encryption technology that is designed to encrypt communications to the Website, but you agree that we are not liable in any way for the security or otherwise of any such communication.

4.2. In using the Service, you must:

(a) ensure the Submitted Materials are provided in the form required by us from time to time and contain the correct property and do not contain any information which you would not otherwise be permitted to publish through dr real estate;

(b) only submit material to us by a method pre-approved by us (such as via an authorised XML provider);

(c) comply with all policies specified or otherwise notified by us to you from time to time, including all policies set out in the Website;

(d) provide us with such assistance as is reasonably necessary to provide you with the Service;

(e) notify us in writing if you change any information required by us to provide a Service;

(f) provide and update from time to time all hardware and software necessary to use a Service;

(g) train your personnel in relation to the use of a Service and ensure your personnel comply with this Agreement;

(h) pay any telecommunication charges incurred by you; and

(i) assess the accuracy, reliability and completeness of any information obtained through a Service.

4.3. You must not:

(a) use a Service for any purpose other than those purposes outlined in this Agreement;

(b) do anything which impairs the lawful use of a Service by any person;

(c) use or provide any materials or information provided by us to you in connection with a Service to any other person without our prior written consent (which may be given or withheld at its discretion);

(d) distribute, rent, lease, sell or re-sell, charge, sub-license, assign, transfer or otherwise deal with the Service;

(e) insert any tag, code, cookie or other data tracking or collection device in an advertisement for the purpose of re-targeting us users on a third party site, network or exchange;

(f) link, pool, correlate, resell, transfer, disclose or make available any advertising statistics the result of displaying the creative on us for the purposes of behavioral targeting or other type of re-targeting off the network without express written permission;

(g) introduce or use any device, software or routine that interferes or attempts to interfere with the operation of a Service including but not limited to any device intended to copy any information published by us including any listing;

(h) create or otherwise produce either directly or indirectly or wholly or partly any database which is substantially comprised of any information published by homesales; or

(i) intentionally withdraw and relist listings with a view of influencing the search results available on the Website.

5. GENERAL TERMS

5.1 – As a user of this website your are agreeing to all terms and conditions as stated and should you elect not to abide by our terms and conditions then you should immediately cease to use this website.

5,2 – Our terms and conditions will change from time to time as we shall determine.