Terms and Conditions expert

Terms and Conditions

The following provisions govern your use of the Your Property Buddies platform (the "Platform") and all associated services provided by YourPropertyBuddies Pty Ltd ("we" or "us"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING Your Property Buddies PLATFORM. By using Your Property Buddies Platform, you agree to be bound by these Terms and Conditions which constitute a contract between you and Your Property Buddies Pty Ltd. If you do not agree to all of the provisions contained in these Terms and Conditions, DO NOT use Your Property Buddies Platform. We reserve the right to revise and update these Terms and Conditions at any time. Please periodically review these Terms and Conditions. Your continued use of Your Property Buddies Platform constitutes your acceptance of and agreement to any revised Terms and Conditions.

Please also see our Privacy Policy.
 

User Submissions

General
It is a condition of these Terms and Conditions that all information or content you post and/or submit to be posted or used on Your Property Buddies Platform, including property listings, photos, and other creative content, are either your own works or works which you are using with the permission of the owner. By submitting information or content to any part of Your Property Buddies Platform, you automatically grant to us, or warrant that the owner of such information has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, disseminate, communicate, perform, and display the information alone or as part of other works in any form, media, or technology whether now known or hereafter developed. You warrant that any and all information you post to Your Property Buddies Platform complies with all relevant laws, does not infringe the intellectual property rights of any person, is not misleading or deceptive, and does not violate any privacy laws or regulations or confidentiality restrictions. You also warrant that any information submitted by you is true, complete, and correct.

Ratings
We may, from time to time, allow users to rate their experience with property professionals and other users on the Platform. While we verify that feedback comes from legitimate users, the content of the feedback is the user's opinion. Ratings are not a substitute for making your own inquiries as to the suitability of any property agent or user. You acknowledge that in submitting any rating feedback you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of a property agent or user or undermine the operation of the ratings system.

Copyright in Reviews and Comments
By using Your Property Buddies Platform, you hereby grant to us all present and future copyright in all original content submitted or posted by you, including comments, forum posts, public messages, reviews, and ratings. You also authorise us to use the content in any way we please. For the avoidance of doubt, your use of Your Property Buddies Platform constitutes your agreement to these Terms and Conditions.

Review of Submissions
Content that you upload or post on Your Property Buddies Platform is subject to review, modification, and deletion without notice by the platform administrators. You must not post any information which is unlawful, libelous, defamatory, obscene, offensive, fraudulent, false, or contrary to the ownership of intellectual property rights of any other person. We may deny you access to all or part of Your Property Buddies Platform if we determine that you have engaged in conduct that violates any law or any provision of these Terms and Conditions.

Copyright and Intellectual Property
The entire contents and design of Your Property Buddies Platform, including all text, images, and audio and video files, are proprietary to us and protected by copyright laws. Your Property Buddies Platform is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish, or use any material contained in Your Property Buddies Platform without our express prior written permission. You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages, and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.

Governing Law
These Terms and Conditions are governed by the laws of Victoria, Australia, and subject to the jurisdiction of its courts.

General Disclaimer
Under the Australian Consumer Law, you are entitled to certain guarantees in relation to our supply of Your Property Buddies Platform which cannot be excluded, restricted, or modified (Consumer Guarantees). To the extent permitted by law, our liability for failure to comply with a Consumer Guarantee is limited (at our option) to: 

(a) in the case of goods supplied to you, to the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair); and  

(b) in the case of services supplied to you, the supply of the services again, or the payment of the cost of having the services supplied again.

Subject to the Consumer Guarantees:
(a) Your Property Buddies Platform is provided on an 'as is, with all faults and as available' basis and to the extent permitted by law without any warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from the course of dealing or custom of trade; 

(b) we make no representation or warranty that any content of Your Property Buddies Platform is accurate, complete, appropriate, reliable, or timely; and 

(c) we also make no representation or warranty that your access to and use of Your Property Buddies Platform will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components. We reserve the right to discontinue operating Your Property Buddies Platform at any time without notice.

Email Communications and Marketing 

By creating an account on Your Property Buddies Platform, you agree to receive our product commercial emails, including updates on new features, promotions, and other relevant information. These communications are part of our service to keep you informed about platform improvements and offerings that may be of interest to you. You can opt out of these marketing communications at any time by following the unsubscribe instructions provided in the emails or by contacting us directly. Please note that even if you opt out of marketing communications, you may still receive administrative emails necessary for the operation of your account.

Use of the Your Property Buddies Platform
Except as required by the Consumer Guarantees, your use of Your Property Buddies Platform is at your own risk. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss, or hazard that may arise by virtue of your use of Your Property Buddies Platform. Neither we nor anyone else involved in creating, producing, or delivering Your Property Buddies Platform, our newsletters, or the materials contained therein assumes any liability or responsibility for the accuracy, completeness, or usefulness of any information provided therein, nor, to the extent permitted by law, shall any of them be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use of, or inability to use, the Your Property Buddies Platform.

You must not use any means of automatically searching or mining data from Your Property Buddies Platform or in any way interfere or attempt to interfere with the proper operation of Your Property Buddies Platform.

You agree not to take any action that imposes an unreasonable burden on our infrastructure or otherwise tampers or interferes with Your Property Buddies Platform, our systems or data, or those of any third party via Your Property Buddies Platform.

Disclaimer
We strive to provide valuable and accurate information. The editors of the material contained in Your Property Buddies Platform have consulted sources believed to be reliable in their efforts to provide information that is correct at the time of posting. However, in view of the possibility of error by the authors, editors, or publishers of the works contained in Your Property Buddies Platform, neither we nor any other party involved in the preparation of material contained in Your Property Buddies Platform or in our newsletters represents or warrants that the information contained therein is in every respect accurate or complete, and, to the extent permitted by law, they assume no responsibility for any errors or omissions or for the results obtained from the use of such material. You are encouraged to confirm the information contained therein with other sources.

Consumers reading articles or other material posted on Your Property Buddies Platform or newsletters should review the information carefully. The information is not intended in any way to be a substitute for professional advice. Neither the content nor any other service offered through Your Property Buddies Platform or newsletters is intended as professional advice.

We do not examine, determine, or warrant the certification and/or licensing, competence, solvency, or information of any professional or facility listed in our directories. We rely on the professionals or the facilities listed in our directories to provide accurate information and assume no responsibility for verifying the information provided. Use of our directories to locate a professional or facility is wholly voluntary and, to the extent permitted by law, in no event will we or any of our agents be liable for damages to any user of our directories for the selection of a professional or facility or for the services provided by any professional or facility listed therein, or for any other loss or damage which may occur as a result thereof. We recommend that you check the certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.

Registration
You are required to register and obtain a service account in order to submit information to Your Property Buddies Platform. To register and learn about the benefits of registration, please visit the "Get Started" section. Upon registration, one of our sales representatives will contact you to confirm your registration details. Your service account will then be activated, and a password will be issued to you via email. You are strictly prohibited from disclosing your password to any third party and are responsible for maintaining its confidentiality. We will never request your password or other sensitive information via email or any website other than those with URLs beginning with YourPropertyBuddies.com.

If you suspect any unauthorized use of your service account or access to your password, please change your password immediately and notify us. You are liable for all unauthorized use of your service account by any party who gains access to your account directly or indirectly through you. You have the option to close your service account at any time, but you will remain responsible for obligations related to your service account after its closure. Certain sections of these Terms and Conditions, including Copyright and Trademarks, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability, and Third Party Rights, will continue to apply even after your service account has been closed.

Designated Copyright Representative
Under the Copyright Regulations 1969 (Cth), we have established a safe harbor scheme limiting remedies against us for copyright infringement related to certain online activities. Our designated representative to receive notifications and notices under this scheme for all activities conducted by us as a service provider is:

Email: [email protected]

Indemnification
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable solicitor's fees, resulting from any violation of these Terms and Conditions or any activity related to your service account (including infringement of third parties' intellectual property rights worldwide or negligent or wrongful conduct) by you or any other person accessing Your Property Buddies Platform using your service account. This indemnity does not apply to the extent that we acted negligently or engaged in wilful misconduct.

Waiver, Release, and Limitation of Liability
Except in respect of the Consumer Guarantees and to the extent permitted by law, you agree that neither we nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors, or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of Your Property Buddies Platform. Our liability for any claim arising from a breach of any term or condition implied by any law which may not be excluded (including, without limitation, the Consumer Guarantees) will be limited to the maximum extent permissible, which, in the case of services, will be to the re-supply of the relevant services or the payment of the cost of having the relevant services re-supplied.

Notwithstanding the foregoing paragraph, except in respect of the Consumer Guarantees and to the extent permitted by law, the total liability of us, our officers, directors, employees, agents, information providers, partners, advertisers, licensors, and suppliers, if any, for any loss or damage arising in connection with Your Property Buddies Platform shall not exceed the greater of the amount of fees paid by you for the particular information or service provided or AUD$200. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors, or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential, or punitive, arising from any use of Your Property Buddies Platform is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors, or suppliers have been advised of the possibility of such damages.

Except in relation to a Consumer Guarantee, neither we nor any of our affiliates, directors, officers, or employees, nor any third-party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of Your Property Buddies Platform, or resulting from the act or omission of any other party involved in making Your Property Buddies Platform or the information contained therein available to you, or from any other cause relating to your access to or your inability to access Your Property Buddies Platform or that information, except to the extent we acted negligently or engaged in wilful misconduct.

Third Party Rights
The provisions of Indemnification and the Waiver, Release, and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Miscellaneous
Advertisers and sponsors of Your Property Buddies Platform and/or its newsletters have no influence on editorial content or presentation. You may not assign or transfer any of your rights or obligations under these Terms and Conditions without our prior written consent.

Our relationship with you under these Terms and Conditions is one of independent contractors and not of partnership, joint venture, or principal and agent.

We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times.

These Terms and Conditions are governed by the laws of Victoria, Australia.

Last updated on 30 June 2024.