These terms and conditions (the “Terms and Conditions”) govern the use of www.buyauproperty.com.au(the “Site”). This Site is owned and operated by Buy au Property Terms and Conditions. This Site is an ecommerce website.By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of Buy au Property Terms and Conditions and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
User Contributions
Users may post the following information on our Site:
By posting publicly on our Site, you agree not to act illegally or violate these Terms and Conditions.
Accounts
When you create an account on our Site, you agree to the following:
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
User Goods and Services
Our Site allows users to sell goods and services. We do not assume any responsibility for the goods and services users sell on our Site. We cannot guarantee the quality or accuracy of any goods and services sold by users on our Site. However, if we are made aware that a user is violating these Terms and Conditions, we reserve the right to suspend or prohibit the user from selling goods and services on our Site.
Payments
We accept the following payment methods on our Site:
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Consumer Protection Law
Where theAustralian Consumer Law, Schedule 2 of theCompetition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Buy au Property Terms and Conditions and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Buy au Property Terms and Conditions and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of New South Wales.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Buy au Property Terms and Conditions are unable to resolve any dispute through informal discussion, then you and Buy au Property Terms and Conditions agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and Buy au Property Terms and Conditions. The costs of any mediation will be shared equally between you and Buy au Property Terms and Conditions.
Notwithstanding any other provision in these Terms and Conditions, you and Buy au Property Terms and Conditions agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:(04) 0271 0967donotreply@buyauproperty.com.auPO BOx 305 Vaucluse NSW Sydney Australia
You can also contact us through the feedback form available on our Site.
Effective Date: 28th day of April, 2025
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Agent and Agency Conduct – Policy www.buyauproperty.com.au Fiduciary Conduct: I Agree: The Agents services provided, the client - understands that you are providing confidentiality, and that your conduct is about being able to trust you as the agent -100% This is the rapport our agents and subscribed agents to the website establishes with the client to be on the same page as they are going forward into an agency agreement. To act in accordance with client authority: I agree, To act for the client, you must have a signed agreement to commence placing the property on the market, during the listing process all the necessary details of the agreement must be acknowledged and understood before the client signs your (The Agents) agreement. Conflicts of interest – I Agree - You must be clear to the client, that you cannot provide any type of service that violate the real estate laws in NSW or in any other state in Australia. if the client does ask for services you can not provide, the www.buyauproperty.com.au its agents or subscribed agents to our web site, have made the client aware of this and that there is no conflict of interest. www.buyauproperty.com.au and its agents or subscribed agents, can-not and do-not provide services that violate the real estate laws in NSW or in any other state in Australia. Section 53 of the trade practices act: I agree: Not to falsely advertise your services and falsely mis-represent the advertising of properties in the NSW or with in any other state in Australia - Mis-representing the property being advertised in the market, providing deception Or misleading potential sellers or buyers or any other participant with incorrect information as to falsely entice there interest to List and sell there property in any way on this website in NSW or throughout Australia. I agree: No touting or unethical practice involving the harassment of listed properties on this website will be tolerated, there is a possibility of being banned from our websites agents list for misrepresentation of real estate services to potential sellers or listed sellers or other participants on the www.buyauproperty.com.au website. Residential Tenancy Act: www.buyauproperty.com.au - its agents and subscribed agents Agree, Complies with the rules, laws and regulations of the residential tenancy act NSW or any other state in Australia. All property management services provided by the agents of www.buyauproperty.com.au or its subscribed agents operate with in the regulations of the NSW Real Estate tenancy laws and the tenancy laws and regulations of any other state in Australia.
Disclaimer and Privacy of the www.buyauproperty.com.au web site. The Seller and all Subscribed Agents Agree, Adhere to the governing bodies which regulate real estate law in NSW and through out Australia and to the Disclaimers, Privacy Policy and Terms and conditions of the www.buyauproperty.com.au website. it is important for all Sellers and Participants to fully understand the following information: 1. Market appraisals and comparative market analysis are not formal property valuations. An agent appraisal - CMA - Comparative Marketing Analysis - is an opinion of market value only and cannot be used as or assumed to be a formal valuation. A formal valuation is a formal assessment of a property’s value as determined by a registered valuer. Formal valuations are generally required by banks, lending institutions, insurance companies and courts, to establish the owner’s borrowing capacity, property equity, insurance coverage and claims potential, and or to settle disputes. No fee can be charged for this service - ( Comparative market analysis ) 2. Key factors that effect property market value are: Political stability and government policies - Changes in these policy, Changes in government and the management of state and federal affairs can all affect the stability of the real estate market. Local government policies and management also have a bearing on the popularity of an area and therefore local property prices. Economic factors - State, national and international economic factors affect consumer spending capabilities and willingness to make property purchasers. These factors include interest rates, oil prices, personal and business taxation, land tax, stamp duty, retail spending, inflation rates, unemployment rates and so on. Changes in the economy can alter the spending habits of consumers seemingly overnight. It is important that you keep yourself updated with what is happening in the economy and what is being said in the media. 3. Social Trends - Social trends and consumer sentiment affect the type and location of properties that are in demand. Factors include increases or decreases in immigration; employment availability and earning capacity; changes in the family dynamics; birth rates; changes in community needs and expectations; and changes in lifestyle trends. Characteristics and demographics of the local area - This refers to the facilities, attractions, investment potential, employment opportunities, make up of local residents, and owner occupier vs. investor ratios that determines how attractive your area is to potential buyers and investors. The Seller Or Agency Who Lists a Property for sale on the: www.buyauproperty.com.au website fully understands, The company or owner of this website, 1. Provide the opportunity to all participants in the real estate market to share there information on our web site, as they see fit, www.buyauproperty.com.au provide the web portal as a mechanism for participants to engage in real estate with in Australia, in a professional and legal construct, we do not adhere to any adverse practices by any subscriber to this web site, Our website charges a fee to the seller or agency acting on behalf of any seller and property owner advertised on our website. 2. All participating Listers of property on the www.buyauproperty.com.au website must pay for their subscription fee - Listing Fee - for advertising property on this website. 3. The Lister Agrees to our Privacy Policy, Disclaimers and Terms and conditions in accordance with the website and agree to pay any fee charged or incured for Listing a property on the www.buyauproperty.com.au website.