This website is owned, operated and maintained by:
PO Box 16, Strathdale
VIC 3550, Australia
(the Company, our or we)
These Terms and Conditions (Terms) govern your use of the website at www.peakagent.com.au (Website). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Website and service. By using, visiting, accessing this Website or otherwise registering, you are indicating that you have read, understood and accept to be bound by these Terms and Conditions. The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing or using this Website for any reason, including, without limitation Sellers or Buyers. All references to “Sellers” in the Terms refers to those persons in the process of, or considering, selling or renting a property.
If you register as an agent with the Company, you accept that you are also bound by separate Agent Terms and Conditions in addition to these Terms and Conditions.
Your continued use of this website and the Company’s services constitutes your agreement to these Terms and Conditions and any modifications to them
Use of Content and Intellectual Property
The Company authorizes You to view and access a single copy of the content available on or from the Website.
The content of the Website and all intellectual property rights in the Website, including, without limitation, text, graphics, images, logos, brands, trade marks, button icons, software, its look and feel, information, content, sounds, music, video, audio, text, layout, compilation, arrangement, assembly and organisation thereof and any other Website content (collectively Content), are protected under both Australian and foreign copyright, trademark and other laws. All such rights are reserved. All Content is the property of the Company or its content suppliers or clients.
Unauthorized use of the Content may violate copyright, trademark, and other laws. You must retain all copyright, trade mark, service-mark and other proprietary notices contained in the original Content on any copy You make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate any Content or the pages making up the Website.
Nothing you do on or in relation to the Website will transfer any intellectual property rights to you or licence you to exercise any intellectual property rights unless this is expressly stated herein.
We do not warrant the accuracy, reliability, suitability or currency of the Content.
Acceptable Website Use
Users may not use the Website in order to transmit, distribute, store or destroy material, including without limitation:
(a) in violation of any applicable law or regulation
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or
(c) that is defamatory, obscene, threatening, abusive or hateful.
The Website Security Rules
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
We will not be liable if for any reason our Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Website, or our entire Website. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.
Specific Prohibited Uses
The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any of the following:
- a) Posting any incomplete, false or inaccurate biographical information or information which is not your own.
- b) Real Estate Agents and any of its related bodies corporate, affiliates and joint venture partners, and any directors, employees or agents of such entities (Agents), are prohibited to register on the Website as Sellers. Agents who register as Sellers will be excluded from using the Website and will be seen as breaching these Terms. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to You by the Company, upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information You submit to the Website. The Company also has the right to inform other users of any breach committed by You.
- c) Posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only.
- d) Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website. As soon as a Seller accepts to be contacted by a Real Estate Agent, the contact details of the Seller will be released to the Real Estate Agent. These contact details are then no longer regarded as unsolicited.
- e) Deleting or revising any material posted by any other person or entity.
- f) Using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
- g) Taking any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure.
- h) If You have a user name and password allowing access to a non-public area of this Website, disclosing to or sharing your user name and/or password with any third parties or using your user name and/or password for any unauthorized purpose.
- i) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available from the Company on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- j) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
- k) Aggregating, copying or duplicating in any manner any of the Content or information available from the Website.
- l) Framing of or linking to any of the Content or information available from the Website
- m) Violating any applicable State, Commonwealth or International Law, convention or regulation
- n) Harassing any individual or breaching the National Privacy Principles as set out by the Privacy Act 1988 (Cth).
Relationship of Real Estate Agents, Sellers and Buyers
The Website may be used by registered Real Estate Agents and Sellers (amongst others). Where the Real Estate Agency intends to register on the Website, it must sign up to the Company’s separate Agent Terms and Conditions, which as a minimum requires the Real Estate Agents to hold a necessary licences issued by the appropriate regulatory authority.
The Website is merely a portal site or passive conduit for providing users with the facility to access real estate information and related information, such as information submitted directly to the Website by its registered Real Estate Agents. The Website does not necessarily purport to include details an all relevant Real Estate Agents. Accordingly:
- Any relationship between Real Estate Agents, Sellers and/or Buyers (or other users of the Website) shall be strictly between such parties (and not the Company). The Company is not involved in any way with such relationship or the advice, content, information or representations given therein and You take full responsibility for the decision to access such parties, and rely on such information, via the Website.
- The relevant Real Estate Agent shall be the provider of real estate advice, services, information and suggestions (not us) and the Real Estate Agents’ opinions are solely their opinions (and not our own opinions).
- Availability of a Real Estate Agent for your request shall be subject to availability.
- We make no warranty about the standard, quality or accuracy of any advice, suggestions and information (such as the commission of the Real Estate Agent, whether any specific Real Estate Agent is appropriate for your property) the subject of your interaction with the Website or the relevant Real Estate Agent or the Seller (as the case may be) and their skills, credentials, experience, qualifications or other data regarding same (and any reliance placed on same). Therefore, You are encouraged to exercise a high standard of care and independently verify same before such interaction.
- The Real Estate Agents and the Sellers are not our employees or agents and we assume no responsibility for any act or omission of any of the Real Estate Agent or the Sellers.
- We will not be liable for enforcing any agreement that was made between you and a Real Estate Agent or a Seller (as the case may be) and you will be solely responsible for any agreement made with them.
- Each property made available through the Website by a user has not been evaluated by Company and should be evaluated by each Real Estate Agent based on the relevant Seller’s specific criteria. The Company does not independently verify the information provided by Sellers or the identity of Sellers.
Real Estate Agents’ profiles comprise solely information from contributions from the Real Estate Agents themselves. The Company does not make any representation or warranty with respect to the subject matter of such profiles or its reliability, adequacy, currency, accuracy or completeness. Such information should not be regarded a substitute for real estate advice and You should make your own enquiries and seek independent advice before acting or relying on same. The Company shall not be responsible for any actions (or lack thereof) taken as a result of relying on or in any way using such information. Real Estate Agent profiles do not imply an endorsement by the Company of such agents and the Company makes no representations either expressly or impliedly concerning such agents and their services. Though the Company does not moderate, screen or edit Real Estate Agents’ profiles, the Company reserves the right to amend or remove such content where it considers it to be illegal, false or misleading, defamatory, inappropriate, compromising of the integrity of the Website or otherwise in breach of its content standards.
As a user, You are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Website You agree not to, do the following things:
- a) post material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it;
- b) post material that reveals trade secrets, unless You own them or have the permission of the owner;
- c) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- d) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- e) post material that is off-topic on topic-specific message boards;
- f) post a sexually explicit image or statement;
- g) post advertisements or solicitations of business,
- h) post chain letters or pyramid schemes;
- i) impersonate another person; or
- j) post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and publication of user-submitted real estate information and related information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms, the Company may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or non performance of such activities.
The Company reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate.
By submitting content to any public or non-public area of the Website, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
We appreciate hearing from our customers and welcome your comments regarding our services and the Website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of your information, user identification name, password or any other piece of information as part of our security procedures (log-in information) and for keeping it secure. You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your log-in information. Notice provided by you in these circumstances does not release you from your responsibilities under these Terms. We shall not be liable for any loss that you may incur as a result of someone else using your account or your password, either with or without your knowledge. We have the right to disable any log-in information, whether chosen by You or allocated by us, at any time, if in our opinion You have failed to comply with any of the provisions of these Terms.
Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
The Company respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of the Website, You agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to the Website of any users, who are repeat infringers of the copyright, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
The Company’s Liability
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Website, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands, costs (including legal costs) and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We are under no legal obligation to, and do not, control the information provided by other Users which is made available through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate.
We expect that You will use caution and common sense, conduct all necessary further enquiries and obtain independent advice (where appropriate) when using the Website and its services. The Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Content. The use of the Website and its services and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material placed by You on the Website. Sellers and Real Estate Agents are solely responsible for their postings on the Website.
Limitation of Liability
To the extent permitted by law our aggregate liability to you, whether for breach of these Terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these Terms or the Website is limited to the following, the choice of which is at our sole discretion:
In the case of goods any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; or
In the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
Notwithstanding the above, You recognise that any contract for the supply of real estate services shall be between you and the Real Estate Agent (and not us).
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits or contracts, goodwill, loss of income or revenue, loss or interruption of business, loss of bargain or opportunity or loss of anticipated savings resulting from your access to, use of, or inability to use the Website and the Content or the results of the use of the Website, any websites linked from it and any materials posted on or via it, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage or loss. Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed one thousand dollars (AUD$1,000.00).
Links to Other Sites
Where the Website contains links or references to third party web sites or other sites, products, services and resources provided by third parties (such as Real Estate Agents), these links and references are provided solely as a convenience to You and not as an endorsement, recommendation or guarantee by the Company of the contents on such third-party sites. The Company is not responsible for, and has no control over, the content of those sites products, services and resources and the Company does not make any representations or warranties, nor accept any responsibility, regarding them or for any loss or damage that may arise from your use o f them (notwithstanding anything else contained herein). If You decide to access linked third party sites, You do so at your own risk. The Company will merely facilitate and introduce You to the relevant third party (whether a Real Estate Agent or Seller as the case may be) and accordingly we will not be responsible, nor liable, for any activity, communication, advice, recommendation or transaction between You and any such third party.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the Website.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to, deletion of your postings from the Website and immediate termination of your registration with or ability to access this Website and/or any other service provided to You by the Company, upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information You submit to the Website or other Website registration.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from (i) any material You provide to the Website, (ii) any Content that You use; or (iii) your breach of these Terms. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and may assist You, at your expense, in defending any such claim, suit or proceeding.
The Company shall not be responsible for any delay, suspension or failure arising out of any circumstances outside of its reasonable control, including but not limited to, acts of God, governmental actions, strikes, lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood, an act or omission of a third party, inability to obtain any necessary materials, equipment, facilities or services, the failure of performance provided by others, internet interruption or virus, accidents or breakdown of plant, machinery, software, hardware or communication network.
The failure by the Company to insist upon or enforce strict performance of any of these Terms shall not be construed as a waiver of any right or remedy of the Company in respect of any existing or subsequent breach of these Terms. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. The Website is available only to people who can form legally binding contracts under applicable law.
Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria and any Court competent to hear appeals from those Courts.
If you consider that any Content on the Website breaches your intellectual property rights please notify the Company by email to [email protected] or via mail to the Company at 58B Hargreaves Street, Bendigo, VIC 3550. Notification and any action that the Company takes in response is not an admission that there has been a breach of intellectual property rights, or that the Company accepts any liability in relation to such a breach. The Company does not guarantee to take any action if notified under this clause.