The www.forsalebyagent.com.au website (referred to in these Terms of Access as the “Website“) is owned and operated by For Sale By Agent Pty Ltd “FSBA“ or “us” or “our” or “we” in these Terms and Conditions.
FSBA is a Licensed Real Estate agency situated ay level 2 , 3/19 William Street , Balaclava Victoria.
FSBA requires that for all properties listed on this website the Vendor appoints FSBA as its marketing agents and signs a compliant authority with FSBA directly.
To the extend that there are other agents listed on the website these agents are not affiliated with us other than the fact that they work with our vendors in some capacity to help get a sale concluded.
Agents listed on this site are not employees of FSBA and are all private contractors and have their own licenses. Should you elect to use any of their services or engage them in any way you do so at your own risk and you confirm that you have done your own due diligence in this regard. If you are not sure of your legal capacity in relationship to this or any other matter contained in this document we suggest you get your own independent Legal advice before continuing further.
- The material on the Website is copyright of FSBA and/or other copyright owners.
- The Listing fees advertised on the Website are charged once and include all administration charges in creating a property profile for you, including creating online advertising campaigns. All Charges are in Australian Dollars and are Inclusive of GST. Once a profile has been created our fee has been earned.
- The Website is available for you to access conditional on your acceptance without alteration of these Terms of Access. By continuing to access the Website you are agreeing to these terms and our Privacy Policy.
- We reserve the right to change the Terms of Access at any time by publishing the new terms on the Website. Your use of the Website constitutes your acceptance of those terms. Should you object to any of our terms of access, your sole option is to immediately cease using the Website.
- Information on the Website may not be regarded as a substitute for professional legal, financial or real estate advice and we recommend that as purchaser or vendor of real estate, that you should obtain professional advice prior to entering into any binding transaction.
- FSBA reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.
- The Website contains links to sites on the Internet, owned and operated by third parties and which are not under the control of FSBA. In relation to the other sites on the Internet, which are linked to the Website, FSBA:
- provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by FSBA of the linked site; and
- is not responsible for the material contained on those linked sites.
- FSBA does not warrant guarantee or make any representation that:
- the Website, or the server that makes the site available on the Internet are free of software viruses;
- the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- errors and defects in the Website will be corrected.
- FSBA is not liable to you for:
- errors or omissions in the Website, or linked sites on the Internet; or
- delays to, interruptions of or cessation of the services provided in the Website, or linked sites, whether caused through negligence of FSBA, its employees, agents or independent contractors, or through any other cause. For example, our arrangement with third party websites on which your property is advertised may change which may make it impossible or unviable for us to continue advertising your property on those websites in which case we reserve the right to discontinue such advertising and you agree that you may have no claim against us in this regard.
- FSBA may terminate access to the Website or any third party website at any time without giving any explanation or justification for the termination of access, and FSBA has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website or any third party website.
- You will at all times indemnify and keep indemnified FSBA and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by FSBA arising from any claim, demand, suit, action or proceeding by any person against FSBA where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access by you; and publication of or distribution of information supplied by you.
- By uploading, transmitting, posting or otherwise making available any information (including all information and photos of your property being sold or leased) on or via the Website “INFO”, you:
- grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the INFO in any form and for any purpose;
- warrant that you have the right to grant the abovementioned licences; In this regard you will submit/upload a rates notice or copy of title and a photo ID identifying you as the owner of the property being advertised. If you are not the owner of the that property you will need to explain to FSBA satisfaction your relationship to that property.
- warrant that the INFO does not breach any laws; and
- unconditionally waive all moral rights (as defined by the Copyright Act 1968) which you may have in respect of the INFO.
- Understand that the content of the advert including all wording and photos is listed under the FSBA license and as such FSBA has the final say as to what content is displayed and how it will be displayed. We reserve the right to amend and change the advert without your approval or consent.
- We reserve the right (but have no obligation) to:
- review, modify, reformat, reject or remove any information which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Terms of Access or otherwise has the potential to harm, endanger or violate the rights of any person; and
- monitor use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with the Terms of Access or for the purposes of any police investigation or governmental request.
- Any property advertised for sale or for lease via the Website must be removed:
- Within 48 hours after the property has been sold or leased ( In this regard you agree to notify FSBA when the property is sold or leased).
- We don’t allow short-term (less than 3 months) “For Lease” adverts. If a tenant is found the advert must be removed. We reserve the right to remove any advert that suggests that the lease is a short-term lease.
- If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be severable from the balance of these Terms of Access and the severed part will not affect the validity and enforceability of any remaining provisions.
- These Terms of Access will be governed by and interpreted in accordance with the law of the State of Victoria, Australia, without giving effect to any principles of conflicts of laws.
- Limitation of services. You hereby further acknowledge that:
- FSBA assists the you to conduct a private sale / private lease of your property by providing marketing services and does not act on behalf of the you in relation to the sale or lease transaction.
- For the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) and in all cases FSBA does not act on behalf of the seller in relation to a sale or lease and therefore will not conduct a preliminary physical inspection of the property.
- You are the owner of the property that you are using the services of FSBA to list or if you are not the owner, you have legal permission (to the satisfaction of FSBA) to list the property on behalf of the owner. You will be required to give a written and signed General Sale Authority to FSBA to market the property and understand that your property will not be listed until FSBA is satisfied as to your relationship to the property and your compliance of all these terms. For clarification we check that the registered owner is selling/leasing the property and has given FSBA the required authority to list the property. We Check the address of the property against the title and other on line mapping services and will only list a property with the address and suburb as displayed on theses documents.
- Vendors in the state of NSW and ACT are required to be in possession of a valid ‘Contract of Sale” prior to commencing the advertising campaign. If the property in question is in either the NSW or ACT you agree that you will only publish the property when are in procession of theses documents.
- FSBA is not responsible for listings, information or any other listing data that may be published on other third-party websites (not included as a part of our service) such as onthehouse.com.au, oldlistings.com.au and alike. These websites are aggregator or historical data websites that scrape information from Real Estate portals such as realestate.com.au to provide their users with comparable sales data and other information. If you wish to have your property removed from these third-party websites, you must contact the website directly and ask them to have it removed.
- You agree to the jurisdiction of the courts of the State of Victoria, Australia, to determine any dispute arising out of your use of the Website and/or these Terms of Access.