WEBSITE TERMS AND CONDITIONS OF USE
About the Website
Welcome to www.lovelyhomes.com.au (the 'Website'). The Website Real Estate Advice (the 'Services').
The Website is operated by Lovely Homes Real Estate Pty Ltd(ACN 642620193). Access to and use of the Website, or any of its associated Products or Services, is provided by Lovely Homes Real Estate Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Lovely Homes Real Estate Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Lovely Homes Real Estate Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Lovely Homes Real Estate Pty Ltd in the user interface.
Registration to use the Services
In order to access the Services, you must first register for an account through the Website (the 'Account').
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
You warrant that any information you give to Lovely Homes Real Estate Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
You are not of legal age to form a binding contract with Lovely Homes Real Estate Pty Ltd; or
You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
As a Member, you agree to comply with the following:
You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Lovely Homes Real Estate Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Lovely Homes Real Estate Pty Ltd providing the Services;
You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Lovely Homes Real Estate Pty Ltd;
You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Lovely Homes Real Estate Pty Ltd for any illegal or unauthorised use of the Website; and
You acknowledge and agree that any automated use of the Website or its Services is prohibited.
Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
Electronic funds transfer ('EFT ') into our nominated bank account
All payments made in the course of your use of the Services are made using Common Wealth Bank. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Common Wealth Bank terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that Lovely Homes Real Estate Pty Ltd can vary the Services Fee at any time.
Lovely Homes Real Estate Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Lovely Homes Real Estate Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
Copyright and Intellectual Property
The Website, the Services and all of the related services of Lovely Homes Real Estate Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Lovely Homes Real Estate Pty Ltd or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Lovely Homes Real Estate Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
Lovely Homes Real Estate Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Lovely Homes Real Estate Pty Ltd.
Lovely Homes Real Estate Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
You may not, without the prior written permission of Lovely Homes Real Estate Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Lovely Homes Real Estate Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Lovely Homes Real Estate Pty Ltd) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
Limitation of liability
Lovely Homes Real Estate Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Lovely Homes Real Estate Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
0% Zero Percent commission on Property Management
This promotion is valid till 31st May 2021 for first 50 new clients, customers or vendor only. Zero percent commission only applies on agency manaagement fees, all other fees including marketing, reletting, admin, documentation and any other charges must be paid by the clients, customers or vendor.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Lovely Homes Real Estate Pty Ltd as set out below.
If you want to terminate the Terms, you may do so by:
Your notice should be sent, in writing, to Lovely Homes Real Estate Pty Ltd via the 'Contact Us' link on our homepage.
Lovely Homes Real Estate Pty Ltd may at any time, terminate the Terms with you if:
Subject to local applicable laws, Lovely Homes Real Estate Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Lovely Homes Real Estate Pty Ltd's name or reputation or violates the rights of those of another party.
You agree to indemnify Lovely Homes Real Estate Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).???????
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.???????
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 30 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction:
The Services offered by Lovely Homes Real Estate Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.