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Website Terms and Conditions Pty Ltd

Terms & Conditions

The following terms and conditions set out the agreement between Pty Ltd, trading as & all its subsidiaries, (hereafter called ‘WP.COM’) and you (‘the Advertiser) of the real estate property (hereafter called ‘property’) are deemed to be accepted upon payment of the subscribed advertising fee.

1. WP.COM offers:

  1. WP.COM will supply the advertiser an avenue to market the property internationally for a period of 90 days on and its related websites,
  2. WP.COM does not give any warranty for the sale of your property.

2. Owner’s responsibility & warranties to WP.COM

  1. The owner agrees and is responsible to comply with all local and statutory authorities, laws and requirements for the sale of property in the local area, district, state and country,
  2. You warrant that you are the owner or the owner’s authorised representative, of the property that you are placing for advertising and have the authority to sell the property,
  3. You warrant that all details (including your contact details) that you have provided are correct, and
  4. You have the authority to grant to WP.COM all copyright materials included in your advertising or materials otherwise submitted by you to WP.COM, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.

Your use of the WP.COM network will comply with the terms and conditions set out in this Agreement and any other requirements or directions issued by WP.COM from time to time.

3. What is the Effect of This Agreement
This Agreement applies to:

  1. the publication by and its related websites of the advertisement submitted by you, the person named and described in the online application (You);
  2. the administration of Your account with WP.COM; and
  3. the supply of any additional services (Services) by WP.COM to You.

4. Placing an Advertisement
In order to place an advertisement (Advert) for a property (Property) You must:

  1. Be 18 years or over;
  2. set up an account with WP.COM;
  3. complete and submit the online application form (Application); and
  4. pay the prescribed advertising fee.

5. What You Must Do
You must comply with the terms and conditions set out in this Agreement;

  1. Provide all information for Your Advert ( including any photographs ) in the form required by WP.COM at time of placing advertisement;
  2. describe the advertised Property accurately;
  3. comply with any relevant WP.COM advertising policy;
  4. if you are not the owner of any materials (for example, images or written descriptions of property) which you wish to include in Your Advert, obtain written permission from the owner of those materials to include them in Your Advert (and to grant WP.COM the licence contained in clause 10 of these Advertising Terms and Conditions) before submitting the Advert to WP.COM for publication;
  5. if requested, provide WP.COM with proof of ownership of an Property,;
  6. maintain the confidentiality of all Your email and password information required to access Your account and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your email and password; and
  7. remove Your Advert if the advertised Property is:
    1. sold; or
    2. withdrawn by You from sale.

6. What You Must Not Do

  1. You must not offer for sale any Property:
    1. that is not accurately described by the category in which it is advertised,
    2. that You are not the owner of; or
    3. In all other cases, which You do not have the right to sell.
  2. You must not submit an Advert which:
  3. includes an offer of or referral to any services, for example finance;
  4. does not comply with all relevant laws;
  5. infringes the intellectual property rights of any person including any company or organisation;
  6. is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
  7. is misleading or deceptive or likely to mislead or deceive (for example by including photos or text in Your Advert that do not match the Property);
  8. comprise anything which may adversely reflect on WP.COM or any website on which Your Advert is published; or
  9. include references or links to other websites or HTML enhancement text;
  10. Offers more than one primary Property in any comments section of the Advert.
  11. You must not alter or amend an Advert to describe or offer an Property that is different to the Property originally published.

7. Requirements for photographs included in Adverts
Photographs submitted with Adverts for publication must:

  1. be current photographs of the actual Property for sale, such that the Property is shown in the same condition as it is anticipated that it will be delivered to the buyer;
  2. not include any images of people;
  3. not be digitally altered;
  4. not contain any watermarks; and
  5. be in jpeg format and of minimum resolution of 640 x 480

8. Publication of Adverts

  1. WP.COM is not bound to publish Your Advert until accepted by WP.COM. Your Advert is accepted when WP.COM publishes Your Advert.
  2. If accepted, WP.COM will publish Your Advert as set out in the Application on the terms and conditions of this Agreement and with any amendments required by or authorised by these Terms and Conditions.
  3. WP.COM' acceptance of Your Advert does not create any relationship of agency between You and WP.COM.
  4. You accept and acknowledge that WP.COM' acceptance of Your Advert does not provide any representation, warranty or guarantee that your Property will be sold through WP.COM or any of its Services.
  5. WP.COM may republish Your Advert on such other websites, search engines, applications and print or other media as WP.COM determines from time to time in its absolute discretion.
  6. You acknowledge and agree that while every endeavour will be made to publish Your Advert as submitted, WP.COM will not (other than as set out in clause 13) be liable for any error, omission or failure to publish Your Advert in the form ordered, including acts or omissions of WP.COM, its employees or agents.
  7. WP.COM may refuse to publish, withdraw or terminate the publication of Your Advert (or any part of your Advert) if:
    1. WP.COM determines, in its absolute opinion without notice, You are not entitled to place the Advert (for example, because you are not a private advertiser or you do not own the Property); or
    2. You breach this Agreement; or
    3. WP.COM determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.
  8. Despite anything in this Agreement, WP.COM has absolute editorial control in relation to the publication of Your Advert, including, but not limited to the format, position and placement of Your Advert.
  9. WP.COM may in its absolute discretion add to, edit or remove information within Your Advert Third party offers to republish Your Advert in print or other media are subject to separate terms and conditions. WP.COM will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between You and any third party.

9. Cancellation and Withdrawal of Adverts

  1. Once Your Application is submitted to WP.COM it cannot be cancelled.
  2. An Advert may be removed at any time after publication. All advertising fees remain payable and if paid, You will not be entitled to a refund.

10. Intellectual Property Rights
You hereby grant to WP.COM in respect of all copyright materials included in Your Advert or materials otherwise submitted by You to WP.COM, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.

11. Payment

  1. You must pay the advertising fee at the rate and in the manner set out in the Application.
  2. The advertising fee is payable despite the termination of this Agreement or failure to publish an Advert which is caused by you.
  3. You will not be entitled to a refund or credit if WP.COM withdraws or terminates the publication of Your Advert if You were not

12. You Indemnify WP.COM
You indemnify WP.COM against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against WP.COM arising out of:

  1. a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;
  2. any wilful, unlawful or negligent act or omission by You;
  3. the publication by WP.COM or any other person of Your Advert;
  4. the sale or offering for sale of any Property.

13. WP.COM Liability to You is Limited

  1. Other than as set out in this clause 13, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of any services provided by WP.COM are HEREBY EXCLUDED.
  2. To the full extent permitted by law, WP.COM will only be liable to You:
    1. Pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of WP.COM is limited, at WP.COM’s option, to (A) reproducing the relevant advertisement, (B) resupplying advertisement equivalent to the relevant advertisement, (C) supplying the relevant service again or (D) refunding the cost of such replacement advertisement; or
    2. Subject always to clause 13(c)(ii) if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by WP.COM.
  3. To the full extent permitted by law, WP.COM will not be liable to You:
  4. for claims arising out of or in connection with this Agreement or the publication of Your Advert whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
  5. for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
  6. For the purposes of clauses 12 and 13, the term WP.COM will mean WP.COM, its officers, employees, contractors and agents, whether individually or collectively.
  7. This clause will survive the expiration or termination of this agreement.

14. Privacy

  1. To read how WP.COM collects, uses and discloses your personal information see the annexed privacy policy.
  2. WP.COM is not liable for any contact between you and any third party, including, but not limited to, contact made through the WP.COM network (for example through the property enquiry form). You acknowledge that by placing an Advert on the WP.COM network, Your contact details (for example, telephone number) may be made available to the public and you grant WP.COM permission to make such details available on Your behalf.

15. What Law Governs this Agreement
This Agreement is governed by and construed in accordance with the laws of the State of NSW Australia and You irrevocably submit to the exclusive jurisdiction of the courts in that State.

16. Entire Agreement
These Advertising Terms and Conditions, the Application, WP.COM Terms and Conditions of Use and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law. This Agreement will prevail to the extent of any inconsistency with the Terms and Conditions of Use.

17. General

  1. WP.COM may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this web site. You should regularly check these terms and conditions displayed on this web site.
  2. All rights not expressly granted are reserved.
  3. If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply.
  4. Any delay or failure by WP.COM to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice WP.COM' rights in any way. No waiver by us will be effective unless it is in writing and signed by the company director.

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