In order to search for properties and make enquiries direct to the developer, you need to use the SellNewBuyNew Service. Permission to do so is conditional upon you agreeing to and accepting the terms and conditions set out below by clicking "I accept", which will then constitute a legally binding agreement between you and Just Click Here ABN 81 169 212 364 trading as SellNewBuyNew (SellNewBuyNew). You may need to scroll through to read all the terms and conditions.
SellNewBuyNew is an independent property search provider.
In these terms and conditions, the following terms have the meanings given below:
SellNewBuyNew means Just Click Here ABN 81 169 212 364 trading as SellNewBuyNew.
SellNewBuyNew Service means the internet based service provided by SellNewBuyNew to you to allow you to search for discounted property for sale and to make an enquiry direct to the developer of such properties.
Losses means any and all losses, costs, damages, liabilities, outgoings, payments, judgments, penalties and expenses.
SellNewBuyNew grants you a non-exclusive right to access the SellNewBuyNew Service in accordance with these terms and conditions.
You must not:
copy, reproduce, translate, adapt, vary, modify, decompile or reverse engineer the SellNewBuyNew Service;
use the SellNewBuyNew Service to access any account which is not yours;
use the SellNewBuyNew Service other than to legitimately search for properties to purchase
You must ensure that your use of the SellNewBuyNew Service will not breach any law or other obligation by which you are bound.
the SellNewBuyNew Service may require to be accessed or run on or with third party software or hardware, for which you will be responsible for arranging and ensuring its compatibility;
Applying for a property through SellNewBuyNew does not guarantee you access to the property at the price listed.
the SellNewBuyNew Service cannot be guaranteed error-free and that the existence of any errors or incompatibility will not constitute a breach by SellNewBuyNew, and you use the SellNewBuyNew Service at your own risk; and
SellNewBuyNew does not know or control what hardware or software which you may use to use SellNewBuyNew and therefore SellNewBuyNew does not accept responsibility for any damage to or interference which may be caused thereto.
To the extent permitted by law, all implied terms, conditions, representations, warranties, guarantees and undertakings are expressly excluded and except as provided in this clause 4, SellNewBuyNew is not liable for any Losses arising out of or in connection with the SellNewBuyNew Service, any breach of contract or law by SellNewBuyNew or any negligence of SellNewBuyNew, its directors, employees, subcontractors or agents and you release SellNewBuyNew from all claims for such Losses.
To the extent permitted by law, if SellNewBuyNew is liable for a breach of a guarantee implied by the Australian Consumer Law (not being a condition or warranty implied by Section 64 of the Australian Consumer Law) then its liability for a breach of any such guarantee shall be limited, at its option, to any one or more of the following:
in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired;
in the case of services: the supply of the services again, or the payment of the cost of having the services supplied again.
You acknowledge and agree that the SellNewBuyNew Service is provided on an "as is" basis and that you do not rely and that it is unreasonable for you to rely on the skill or judgement of SellNewBuyNew as to whether the SellNewBuyNew Service is reasonably fit for the purpose for which it is being acquired.
To the extent permitted by law, SellNewBuyNew will not be liable for any delay or failure to perform any obligation caused by any event beyond the control of SellNewBuyNew.
To the extent permitted by law, you shall indemnify and hold harmless SellNewBuyNew from and against:
any Losses incurred by SellNewBuyNew should you breach these terms and conditions; and
any claim made or initiated against SellNewBuyNew by any third party in respect of any Losses caused by or in any way attributable to the SellNewBuyNew Service or your use of it.
SellNewBuyNew collects your personal information directly from you from the information which you input during your online application session and your use of the SellNewBuyNew Service. The types of personal information SellNewBuyNew collects include your name and other personal details, postcode and other contact details, properties searched and other relevant information about you. If you elect not to provide some personal information to SellNewBuyNew, this may affect SellNewBuyNew's ability to provide services to you.
SellNewBuyNew collects personal information in connection with carrying out its activities. SellNewBuyNew uses your personal information in the following ways:
for the purposes for which the information is provided to or collected by SellNewBuyNew, including providing your details to third parties;
for purposes to which you have consented, expressly or impliedly;
for purposes in connection with legal proceedings; and
for purposes otherwise permitted by law.
SellNewBuyNew may disclose your personal information to:
Developers that list their properties on SellNewBuyNew
third party service providers and contractors who provide services to SellNewBuyNew; and
other persons or organisations the disclosure to whom is permitted by law or you have consented, expressly or impliedly.
SellNewBuyNew may also disclose your personal information where:
the information is subpoenaed, is required to be disclosed by law or a court or tribunal, or is disclosed in relation to legal proceedings; or
the information is required by a law enforcement agency or a competent authority.
SellNewBuyNew takes reasonable steps to ensure that your personal information is accurate, complete and up-to-date. To assist SellNewBuyNew, please contact SellNewBuyNew if any personal information you have provided is incorrect, incomplete, misleading or has changed.
SellNewBuyNew is committed to keeping your personal information secure. SellNewBuyNew takes reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure. However, as data transmission via electronic means (such as the internet) cannot be guaranteed to be totally secure, SellNewBuyNew does not accept responsibility for the security of information transmitted to or by SellNewBuyNew via electronic means.
You have the right to access your personal information held by SellNewBuyNew. SellNewBuyNew is committed to giving you access within a reasonable time frame. You can also make a request for SellNewBuyNew to correct any inaccurate, incomplete, misleading or out-of-date personal information. SellNewBuyNew will not refuse your request for access or correction unless there are legal reasons for doing so. In such circumstances, SellNewBuyNew will explain those reasons to you. SellNewBuyNew may charge a reasonable fee for access to your personal information. For security reasons, a written request to SellNewBuyNew may be required to access or correct your personal information.
For your privacy related questions or complaints, please contact SellNewBuyNew's administrator on +61 3 9020 8888 or email@example.com
These terms and conditions contain the entire agreement between you and SellNewBuyNew on the subject matter of these terms and conditions, and there are no other oral or written representations, stipulations, warranties, agreements or understandings relating to the subject matter of these terms and conditions.
You may not assign any rights or obligations under these terms and conditions.
Failure or neglect by SellNewBuyNew to enforce these terms and conditions will not be construed or deemed to be a waiver of SellNewBuyNew‘s rights hereunder.
If any provision of these terms and conditions is void, voidable, unenforceable or illegal in accordance with its terms in any jurisdiction, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, the provision will be read down accordingly for the purpose of that jurisdiction only. If such provision cannot be so read down, it may be severed for the purpose of that jurisdiction only without affecting the other provisions of these terms and conditions. Any reading down or severance of a provision of these terms and conditions for the purpose of a jurisdiction does not affect the validity or enforceability of that provision in any other jurisdiction.
The laws of the State of Victoria of Australia govern these terms and conditions. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and all courts hearing appeals therefrom.