This website is owned, operated and maintained by:
LAF (Australia) Pty Ltd (ACN 111 992 860),
Level 1, 460 Heidelberg Road,
Heidelberg,
VIC 3084(the Company, our or we)
These Terms and Conditions (Terms) govern your use of the website at www.localagentfinder.com.au (Website) or instances of this website displayed by our partners. Please read this page carefully. If you do not accept the Terms and Conditions stated here,do not use this Website and service. By using, visiting, accessing this Website or otherwise registering,you are indicating that you have read, understood and accept to be bound by these Terms and Conditions.The Company may revise these Terms and Conditions at any time by updating this posting. You should visitthis page periodically to review the Terms and Conditions, because they are binding on you. The terms"You" and "User" as used herein refer to all individuals and/or entities accessing or using this Websitefor any reason, including, without limitation Sellers or Buyers. All references to “Sellers” in the Termsrefers to those persons in the process of, or considering, selling or renting a property.
If you register as an agent with the Company, you accept that you are also bound by separate Agent Terms and Conditions in addition to these Terms and Conditions.
Your continued use of this website and the Company’s services constitutes your agreement to these Terms andConditions and any modifications to them. When you use the Website and Company services, you agree to comply with all our terms and conditions, including these Terms. For any enquiries please contact compliance@localagentfinder.com.au
The Company authorises You to view and access a single copy of the content available on or from the Website.
The content of the Website and all intellectual property rights in the Website, including, without limitation,text, graphics, images, logos, brands, trade marks, button icons, software, its look and feel, information,content, sounds, music, video, audio, text, layout, compilation, arrangement, assembly and organisationthereof and any other Website content (collectively Content), are protected under both Australian andforeign copyright, trademark and other laws. All such rights are reserved. All Content is the propertyof the Company or its content suppliers, clients or partners.
Unauthorised use of the Content may violate copyright, trademark, and other laws. You must retain all copyright,trade mark, service-mark and other proprietary notices contained in the original Content on any copyYou make of the Content. You may not sell or modify the Content or reproduce, display, publicly perform,distribute, or otherwise use the Content in any way for any public or commercial purpose. You may not modify copies of any Content that You make, use the Content in any way that is fraudulent or unlawful, or use the Content in a manner that does not comply fully with these Terms.
The use of the Content on any other website or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate any Content or the pages makingup the Website.
Nothing you do on or in relation to the Website will transfer any intellectual property rights to you orlicence you to exercise any intellectual property rights unless this is expressly stated herein.
We do not warrant the accuracy, reliability, suitability or currency of the Content.
If you print off, copy, download, modify or link any part of the Content available via the Website in breach of these Terms, your right to use the Website may be terminated immediately and you must, at the Company’s option, return or destroy any copies (electronic or otherwise) of the materials you have made.
You may only use the Website for lawful purposes. Users may not use the Website in order to transmit, distribute, store or destroy material, including without limitation:
(a) in violation of any applicable law or regulation;
(b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual propertyrights of others or violate the privacy, publicity or other personal rights of others;
(c) that is defamatory, obscene, threatening, abusive, offensive, inflammatory, discriminatory, harassing, hateful, or likely to deceive;
(d) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
(e) to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Users are prohibited from violating or attempting to violate the security of the Website, including, withoutlimitation:
(a) accessing data not intended for such user or logging into a server or account which the user is not authorisedto access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authenticationmeasures without proper authorisation;
(c) attempting to interfere with service to any user, host or network, including, without limitation, viameans of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(e) misusing the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
Violations of system or network security may result in civil or criminal liability. The Company will investigateoccurrences which may involve such violations and may involve, and cooperate with, law enforcement authoritiesin prosecuting users who are involved in such violations.
We will not be liable if for any reason our Website is unavailable at any time or for any period. From timeto time, we may restrict access to some parts of our Website, or our entire Website. You are responsiblefor making all arrangements necessary for you to have access to our Website. You are also responsiblefor ensuring that all persons who access our Website through your internet connection are aware of theseTerms, and that they comply with them.
The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website,and all users agree not to use the Website, for any of the following:
a) Posting, uploading, hosting, storing, communicating or displaying any content:
b) Real Estate Agents and any of its related bodies corporate, affiliates and joint venture partners, and any directors, employees or agents of such entities (Agents), are prohibited to register on the Website as Sellers. Agents who register as Sellers will be excluded from using the Website and will be seen as breaching these Terms. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to You by the Company, upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information You submit to the Website. The Company also has the right to inform other users of any breach committed by You.
c) Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agencyarrangement or other business opportunity which requires an upfront or periodic payment, pays commissionsonly.
d) Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regardingpromotions and/or advertising of products or services to a user of the Website. As soon as a Seller acceptsto be contacted by a Real Estate Agent, the contact details of the Seller will be released to the RealEstate Agent. These contact details are then no longer regarded as unsolicited.
e) Deleting or revising any material posted by any other person or entity.
f) Using any device, software or routine to interfere or attempt to interfere with the proper working ofthe Website or any activity being conducted on the Website.
g) Taking any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure.
h) If You have a user name and password allowing access to a non-public area of this Website, disclosingto or sharing your user name and/or password with any third parties or using your user name and/or passwordfor any unauthorised purpose.
i) Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software,tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatarsor intelligent agents) to navigate or search the Website other than the search engine and search agentsavailable from the Company on the Website and other than generally available third party web browsers(e.g. Chrome, Firefox, Edge).
j) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or inany way making up a part of the Website.
k) Aggregating, copying or duplicating in any manner any of the Content or information available from theWebsite.
l) Framing of or linking to any of the Content or information available from the Website
m) Violating any applicable State, Commonwealth or International Law, convention or regulation
n) Harassing any individual or breaching the National Privacy Principles as set out by the Privacy Act 1988(Cth).
The Website may be used by registered Real Estate Agents and Sellers (amongst others). Where the Real EstateAgency intends to register on the Website, it must sign up to the Company’s separate Agent Terms andConditions, which as a minimum requires the Real Estate Agents to hold a necessary licences issued bythe appropriate regulatory authority.
The Website is merely a portal site or passive conduit for providing users with the facility to access realestate information and related information, such as information submitted directly to the Website byits registered Real Estate Agents. The Website does not necessarily purport to include details an allrelevant Real Estate Agents. Accordingly:
• Any relationship between Real Estate Agents, Sellers and/or Buyers (or other users of the Website) shallbe strictly between such parties (and not the Company). The Company is not involved in any way with suchrelationship or the advice, content, information or representations given therein and You take full responsibilityfor the decision to access such parties, and rely on such information, via the Website.
• The relevant Real Estate Agent shall be the provider of real estate advice, services, information and suggestions(not us) and the Real Estate Agents’ opinions are solely their opinions (and not our own opinions).
• Availability of a Real Estate Agent for your request shall be subject to availability.
• We make no warranty about the standard, quality or accuracy of any advice, suggestions and information(such as the commission of the Real Estate Agent, whether any specific Real Estate Agent is appropriatefor your property) the subject of your interaction with the Website or the relevant Real Estate Agentor the Seller (as the case may be) and their skills, credentials, experience, qualifications or otherdata regarding same (and any reliance placed on same). Therefore, You are encouraged to exercise a highstandard of care and independently verify same before such interaction.
• The Real Estate Agents and the Sellers are not our employees or agents and we assume no responsibilityfor any act or omission of any of the Real Estate Agent or the Sellers.
• We will not be liable for enforcing any agreement that was made between you and a Real Estate Agent ora Seller (as the case may be) and you will be solely responsible for any agreement made with them.
• Each property made available through the Website by a user has not been evaluated by Company and shouldbe evaluated by each Real Estate Agent based on the relevant Seller's specific criteria. The Companydoes not independently verify the information provided by Sellers or the identity of Sellers.
Real Estate Agents’ profiles comprise solely information from contributions from the Real Estate Agents themselves.The Company does not make any representation or warranty with respect to the subject matter of such profilesor its reliability, adequacy, currency, accuracy or completeness. Such information should not be regardeda substitute for real estate advice and You should make your own enquiries and seek independent advicebefore acting or relying on same. The Company 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 notimply an endorsement by the Company of such agents and the Company makes no representations either expresslyor impliedly concerning such agents and their services. Though the Company does not moderate, screenor edit Real Estate Agents’ profiles, the Company reserves the right to amend or remove such contentwhere it considers it to be illegal, false or misleading, defamatory, inappropriate, compromising ofthe integrity of the Website or otherwise in breach of its content standards.
We are committed to protecting Your Privacy in accordance with our Privacy Policy.By accessing the Website You agree to the terms of our Privacy Policy. To view our Privacy Policy, please click here.
Under its relationship with Real Estate Agents, the Company has the right to require access to information (including documents) the Real Estate Agent has in its possession for the purpose of verifying details of a transaction or service the Real Estate Agent has performed for You. That access may include the Company having access to personal or confidential information You have provided to the Real Estate Agent. You consent to the Real Estate Agent giving the Company such access for that purpose. The Company undertakes to use such information solely for the purpose stated above and otherwise to use reasonable endeavours to maintain the confidentiality of that information.
When You register for the Website, You will be asked to provide the Company with certain information, including,without limitation, a valid email address (your "Information"). You agree to provide accurate and completeInformation and to keep us updated of any changes thereto.
Please see our Privacy Policy for information on how we collect, use, hold and disclose Your personal information. By using the Website or any of the other services of the Company, You are agreeing to the terms of the Privacy Policy. To read our Privacy Policy and read more about how and why we collect and use your personal information, click here.
In addition to the terms and conditions set forth in our Privacy Policy, You understand and agree that the Company may disclose to third parties, including approved third party commercial partners, who may contact you to provide associated products and/or services. Further, You understand and agree that the Company may disclose, on an anonymous basis, certain aggregate information that you provide to the Company. The Company reserves the right to offer third party services and products to You, which offers may be made by the Company or by third parties. You must ensure that you have obtained all rights necessary for us to handle and process Your Content.
As a user, You are responsible for your own communications and are responsible for the consequences of theirposting. You must not, and by using the Website You agree not to, do the following things:
a) post material that is copyrighted, unless You are the copyright owner or have the permission of the copyrightowner to post it;
b) post material that reveals trade secrets, unless You own them or have the permission of the owner;
c) post material that infringes on any other intellectual property rights of others or on the privacy orpublicity rights of others;
d) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing toanother user or any other person or entity;
e) post material that is off-topic on topic-specific message boards;
f) post a sexually explicit image or statement;
g) post advertisements or solicitations of business,
h) post chain letters or pyramid schemes;
i) impersonate another person; or
j) post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programmingroutines or engines that are intended to damage, detrimentally interfere with, surreptitiously interceptor expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communicationsposted by users or endorse any opinions expressed by users. You acknowledge that any reliance on materialposted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and publication of user-submitted realestate information and related information and has no obligation to screen communications or informationin advance and is not responsible for screening or monitoring material posted by users. If notified bya user of communications which allegedly do not conform to these Terms, the Company may investigate theallegation and determine in good faith and in its sole discretion whether to remove or request the removalof the communication. The Company has no liability or responsibility to users for performance or non-performance of such activities.
The Company reserves the right to expel users and prevent their further access to the Website for violatingthe Terms and Conditions or the law and the right to remove communications which are abusive, illegal,or disruptive. The Company may take any action with respect to user-submitted information that it deemsnecessary or appropriate.
By submitting content to any public or non-public area of the Website, including message boards, forums,contests and chat rooms, You grant the Company and its affiliates the royalty-free, perpetual, irrevocable,sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and licenseto use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicateto the public, perform and display the content (in whole or in part) worldwide and/or to incorporateit in other works in any form, media, or technology now known or later developed, for the full term ofany rights that may exist in such content. You also warrant that the holder of any rights, includingmoral rights in such content, has completely and effectively waived all such rights and validly and irrevocablygranted to You the right to grant the license stated above. You also permit any subscriber to access,display, view, store and reproduce such content for personal use.
We appreciate hearing from our customers and welcome your comments regarding our services and the Website.Please be advised, however, that our policy does not permit us to accept or consider creative ideas,suggestions, inventions or materials other than those which we have specifically requested. While wedo value your feedback on our services, please be specific in your comments regarding our services anddo not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You sendus creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the"Submission"), the Submission shall be the property of the Company. None of the Submission shall be subjectto any obligation of confidence on our part and we shall not be liable for any use or disclosure of anySubmission. The Company shall own exclusively all now known or later discovered rights to the Submissionand shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial orotherwise, without compensation to You or any other person who submitted the Submission.
You are responsible for maintaining the confidentiality of your information, user identification name, passwordor any other piece of information as part of our security procedures (log-in information) and for keepingit secure. You shall be responsible for all uses of your registration, whether or not authorised by You.You agree to immediately notify the Company of any unauthorised use of your log-in information. Noticeprovided by you in these circumstances does not release you from your responsibilities under these Terms.We shall not be liable for any loss that you may incur as a result of someone else using your accountor your password, either with or without your knowledge. We have the right to disable any log-in information,whether chosen by You or allocated by us, at any time, if in our opinion You have failed to comply withany of the provisions of these Terms.
The Company respects the intellectual property of others, and we ask our users, account holders and contentpartners to do the same. The unauthorised reproduction, copying, distribution, modification, public displayor public performance of copyrighted works constitutes infringement of the copyright owners’ rights.As a condition to your use of the Website, You agree not to use the Website to infringe the intellectualproperty rights of others in any way. We will terminate the accounts of any account holders, and blockaccess to the Website of any users, who are repeat infringers of the copyright, or other intellectualproperty rights, of others. We reserve the right to take these actions at any time, in our sole discretion,with or without notice, and without any liability to the account holder who is terminated or to the userwhose access is blocked.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that eachUser is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or controlthe behaviour of participants on the Website, in the event that You have a dispute with one or more Users,You release the Company (and our agents and employees) from claims, demands, costs (including legal costs)and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown,suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with suchdisputes.
We do not guarantee that the Website will be secure or free from bugs, viruses or other technologically harmful material. You are responsible for configuring your information technology, computer programmes, software and platform in order to access the Website in a manner you deem appropriate and secure. You should use your own virus protection software.
We are under no legal obligation to, and do not, control the information provided by other Users which ismade available through the Website. By its very nature, other people's information may be offensive,harmful or inaccurate.
Internet transmissions are never completely private or secure and there is a risk, therefore, that any message or information sent via the Website should be treated as non-confidential and may be intercepted and potentially read by others. The Company will have no liability to you in respect of any transmissions you send to it and you do so entirely at your own risk.
We expect that You will use caution and common sense, conduct all necessary further enquiries and obtainindependent advice (where appropriate) when using the Website and its services. The Content may containinaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability,completeness, or timeliness of the Website or the Content. The use of the Website and its services andthe Content is at your own risk. Changes are periodically made to the Website and may be made at anytime.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any materialplaced by You on the Website. Sellers and Real Estate Agents are solely responsible for their postingson the Website.
To the extent permitted by law our aggregate liability to you, whether for breach of these Terms or in negligenceor in any other tort or for any other common law or statutory cause of action arising in relation tothese 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:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
4. the payment of the cost of having the goods repaired; or
In the case of services:
1. the supply of the services again; or
2. the payment of the cost of having the services supplied again.
Notwithstanding the above, You recognise that any contract for the supply of real estate services shall bebetween you and the Real Estate Agent (and not us).
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirectdamages, 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 resultingfrom your access to, use of, or inability to use the Website and the Content or the results of the useof 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 ofsuch damage or loss. Without limitation to the foregoing, you agree that in no event shall our maximumaggregate liability exceed one thousand dollars (AUD$1,000.00).
Where the Website contains links or references to third party web sites or other sites, products, servicesand resources provided by third parties (such as Real Estate Agents), these links and references areprovided solely as a convenience to You and not as an endorsement, recommendation or guarantee by theCompany of the contents on such third-party sites. The Company is not responsible for, and has no controlover, the content of those sites products, services and resources and the Company does not make any representationsor warranties, nor accept any responsibility, regarding them or for any loss or damage that may arisefrom your use of them (notwithstanding anything else contained herein). If You decide to access linkedthird party sites, You do so at your own risk. The Company will merely facilitate and introduce You tothe relevant third party (whether a Real Estate Agent or Seller as the case may be) and accordingly wewill not be responsible, nor liable, for any activity, communication, advice, recommendation or transactionbetween You and any such third party.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to makeany unauthorised commercial use of the Website.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to, deletion of your postings from the Website and immediate termination of your registration with or ability to access this Website and/or any other service provided to You by the Company, upon any breach by You of these Terms or if the Company is unable to verify or authenticate any information You submit to the Website or other Website registration. All liability is excluded for actions taken by the Company in response to breaches of these Terms.
To report and alleged violation of the Content Standards, please email compliance@localagentfinder.com.au.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, costs and expenses, including without limitation reasonable legal fees, alleging or resulting from any breach of these Terms by You or any other liabilities arising out of Your use of the Website, including (i) any material You provide to the Website, (ii) any Content that You use; or (iii) your breach of these Terms. The Company shall provide notice to You promptly of any such claim, suit, or proceeding and may assist You, at your expense, in defending any such claim, suit or proceeding.
The Company shall not be responsible for any delay, suspension or failure arising out of any circumstancesoutside of its reasonable control, including but not limited to, acts of God, governmental actions, strikes,lockouts or other labour difficulty, war or national emergency, acts of terrorism, fire, explosion, flood,an act or omission of a third party, inability to obtain any necessary materials, equipment, facilitiesor services, the failure of performance provided by others, internet interruption or virus, accidentsor breakdown of plant, machinery, software, hardware or communication network.
The Company makes no claims that the Content may be lawfully viewed or accessed outside of Australia. Accessto the Content may not be legal by certain persons or in certain countries. If You access the Websitefrom outside Australia, You do so at your own risk and are responsible for compliance with the laws ofyour jurisdiction (where appropriate). If any provision of these Terms are found to be invalid by anycourt having competent jurisdiction, the invalidity of such provision shall not affect the validity ofthe remaining provisions of these Terms, which shall remain in full force and effect. Except as expresslyprovided herein or in additional terms of use for areas of the Website, these Terms constitute the entireagreement between You and the Company with respect to the use of Website. No changes to these Terms shallbe made except by a revised posting on this page, which the Company can do at any time without notice.
The failure by the Company to insist upon or enforce strict performance of any of these Terms shall not beconstrued as a waiver of any right or remedy of the Company in respect of any existing or subsequentbreach of these Terms. No waiver of any term of these Terms shall be deemed a further or continuing waiverof such term or any other term. The Website is available only to people who can form legally bindingcontracts under applicable law.
Certain areas of this Website are subject to additional terms of use. By using such areas, or any part thereof,You agree to be bound by the additional terms of use applicable to such areas.
These Terms are governed by the laws of Victoria and the parties irrevocably submit to the exclusive jurisdictionof the Courts of Victoria and any Court competent to hear appeals from those Courts.
If you consider that any Content on the Website breaches your intellectual property rights please notifythe Company by email to info@localagentfinder.com.au or via mail to the Company at Level 1, 460 Heidelberg Road, Heidelberg, VIC 3084. Notification and anyaction that the Company takes in response is not an admission that there has been a breach of intellectualproperty rights, or that the Company accepts any liability in relation to such a breach. The Companydoes not guarantee to take any action if notified under this clause.