Terms and Condition - Perfect Agent

Website Terms and Conditions of Use

1. About the Website

1.1. Welcome to www.perfectagent.com.au (the ‘Website‘). The Website facilitates interactions between:

(a) individuals and/or entities looking to sell, purchase or rent-out a property (the ‘Receiver‘); and

(b) the Real Estate Agents (the ‘Provider‘),

making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (the ‘Services‘).

1.2. The Website is operated by Perfect Realty PTY LTD ABN 19 605 152 412 (Perfect Agent). Access to and use of the Website, or any of its associated products or Services, is provided by Perfect Agent. 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 its products or Services, immediately.

1.3. Perfect Agent reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Perfect Agent updates the Terms, it will use reasonable endeavours to provide you with notice of updates of 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.

2. Acceptance of the Terms

You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by Perfect Agent in the user interface.

3. The Services

3.1. In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (the ‘Account‘).

3.2. 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 but not limited to the following:

(a) an email address

(b) a telephone number

3.3. You warrant that any information you give to Perfect Agent in the course of completing the registration process will always be accurate, correct and up to date.

3.4. 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.

3.5. You may not use the Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Perfect Agent; or

(b) 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.

4. Your obligations as a Member

4.1. As a Member, you agree to comply with the following:

(a) you will not share your profile with any other person;

(b) you will use the Services only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(c) you have 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;

(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Perfect Agent of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;

(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (‘Your Content‘) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.

(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);

(h) 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 providing the Services;

(i) 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 Perfect Agent;

(j) 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;

(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by Perfect Agent for any illegal or unauthorised use of the Website; and

(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.

5. Using the Website as the Receiver

5.1. As a registered member of Perfect Agent, you acknowledge and agree that you are required to submit various forms of personal information and information related to the property you wish to sell, purchase or rent-out which will be read and assessed by Perfect Agent (“Submission”).

5.2. In providing a Submission to Perfect Agent, you must provide correct, accurate and honest details of the property in which you, in good faith, plan to sell, purchase or rent-out.

5.3. Perfect Agent shall then assess the information provided by you to select certain real estate agents who, in Perfect Agent’s opinion meets the requisite skills, knowledge and ability to effectively facilitate the sale, purchase or rental of your property.

5.4. Perfect Agent will provide you with the outcome of research on real estate agents based on your Submission (where such analysis shall be at the sole discretion of Perfect Agent), after which you may decide, at your own discretion, which real estate agent to interview and potentially contract with in respect of facilitating the sale, purchase or rental of your property.

5.5. You agree that Perfect Agent will provide details of your Submission to various real estate agents and will request information from such Agents in respect of facilitating the sale, purchase or rental of the property.

5.6. You agree that the selection process in respect of real estate agents presented to you is based on the opinion of Perfect Agent only, and the research Perfect Agent undertakes and, accordingly, Perfect Agent has no responsibility, liability nor obligation in respect of your selection of a real estate agent in respect of the sale, purchase or rental of your property.

5.7. Perfect Agent makes no warranty or representation, express or implied, as to the fitness for purpose or suitability of the real estate agent for your needs. The information we provide is merely a reference tool to empower you to make your own decisions.

5.8. By Perfect Agent offering the Services to you, you agree that:

Perfect Agent will receive a fee from the real estate agent that you selected to sell, buy or rent-out your property (via your interaction with the Website and other communication means) upon the sale, purchase or rental of such property. Please note that only the real estate agent is required to pay the referral services fee to Perfect Agent and you have no liability toward Perfect Agent in this regard.

5.9. This clause is material and essential to these Terms and Conditions.

6. Using the Website as the Provider

6.1. The Website may be used by registered Real Estate Agents (amongst others). Where the Real Estate Agency intends to register on the Website, it must sign up to the Perfect Agent’s separate Agent Terms and Conditions, which as a minimum requires the Providers to hold a necessary licences issued by the appropriate regulatory authority.

6.2. The relevant Real Estate Agent shall be the Provider of real estate advice, services, information and suggestions (not us) and the Providers’ opinions are solely their opinions (and not our own opinions).

6.3. Real Estate Agents’ profiles comprise solely information from contributions from the Real Estate Agents themselves. Perfect Agent does not make any representation or warranty with respect to the subject matter of such profiles or its reliability, adequacy, currency, accuracy or completeness. Perfect Agent shall not be responsible for any actions (or lack thereof) taken as a result of relying on or in any way using such information. Real Estate Agent profiles do not imply an endorsement by Perfect Agent of such agents and Perfect Agent makes no representations either expressly or impliedly concerning such agents and their services. Though Perfect Agent does not moderate, screen or edit Real Estate Agents’ profiles, Perfect Agent reserves the right to amend or remove such content where it considers it to be illegal, false or misleading, defamatory, inappropriate, compromising of the integrity of the Website or otherwise in breach of its content standards.

6.4. The Providers are not our employees or agents and we assume no responsibility for any act or omission of any of the Provider.

6.5. We will not be liable for enforcing any agreement that was made between the Receiver and the Provider (as the case may be) and the Receiver will be solely responsible for any agreement made with the Provider.

6.6. Each property made available through the Website by a Receiver has not been evaluated by Perfect Agent and should be evaluated by each Provider based on the relevant Provider’s specific criteria. Perfect Agent does not independently verify the information provided by the Receiver or the identity of the Receiver.

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of Perfect Agent 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 Perfect Agent or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Perfect Agent, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

Perfect Agent does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Perfect Agent.

7.3. Perfect Agent 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:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you.

7.4. You may not, without the prior written permission of Perfect Agent 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.

7.5. Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to Perfect Agent a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.

8. Privacy

Perfect Agent takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Perfect Agent’s Privacy Policy, which is available on the Website.

9. General Disclaimer

9.1. 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.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Perfect Agent we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. 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 Perfect Agent make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Perfect Agent) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(d) the Services or operation in respect to links which are provided for your convenience.

9.4. You acknowledge that Perfect Agent Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and Perfect Agent holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).

10. Limitation of Liability

10.1 To the extent permitted by law our aggregate liability to you, whether for breach of these Terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these Terms or the Website is limited to the following, the choice of which is at our sole discretion:

In the case of goods any one or more of the following:

a) the replacement of the goods or the supply of equivalent goods;

b) the repair of the goods;

c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

d) the payment of the cost of having the goods repaired; or

In the case of services:

a) the supply of the services again; or

b) the payment of the cost of having the services supplied again.

10.2 Notwithstanding the above, you recognise that any contract for the supply of real estate services shall be between Receiver and the Provider (and not us).

10.3 To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits or contracts, goodwill, loss of income or revenue, loss or interruption of business, loss of bargain or opportunity or loss of anticipated savings resulting from your access to, use of, or inability to use the Website and the content or the results of the use of the Website, any websites linked from it and any materials posted on or via it, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage or loss. Without limitation to the foregoing, you agree that in no event shall our maximum aggregate liability exceed five hundred dollars (AUD$500.00).

11. Termination

11.1. If you want to terminate the Terms, you may do so by providing Perfect Agent with 14 days’ notice of your intention to terminate by sending notice of your intention to terminate to Perfect Agent via the ‘Contact Us’ link on our homepage.

11.2. Perfect Agent may at any time, terminate the Terms with you if:

(a) you have breached any provision of the Terms or intend to breach any provision;

(b) Perfect Agent is required to do so by law;

(c) Perfect Agent is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or

(d) the provision of the Services to you by Perfect Agent is, in the opinion of Perfect Agent, no longer commercially viable.

11.3. Subject to local applicable laws, Perfect Agent 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 Perfect Agent’s name or reputation or violates the rights of those of another party.

11.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Perfect Agent have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Indemnity

12.1. You agree to indemnify Perfect Agent, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

13. Governing Law

The Terms are governed by the laws of New South Wales, 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 New South Wales, 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.

14. 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.

15. Severance

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.