Unless you are a Real Estate Agency/Agent, Real Estate Service, Real Estate Tool and/or a business advertising with Buy Sell Lease, acting in your professional capacity, you agree to use BSL for your own personal use, and your commercial use is limited to transactions done on your own behalf.
The commercial use of real estate agencies, agents and other real estate services and advertisers is limited to providing information to consumers via BSL or, where authorised, taking actions on behalf of a consumer client.
You agree not to reproduce, modify, distribute, display or otherwise provide access to, create derivatives from, decompile, disassemble or reverse engineer any portion of the services of BSL. Your access to and use of the service of BSL, is conditional upon your Acceptance of our Terms and Conditions, Policies & Disclaimers contained on our website, www.buyselllease.com.au.
Your access to our site constitutes your agreement to be bound by our Terms and Conditions, Policies and Disclaimers, collectively known as Supporting Agreements. BSL may only be used for lawful purposes.
You may elect at any time to prepare and post reviews on the services of real estate agencies, real estate agents and/or real estate services/real estate tools and other advertised businesses. You agree to provide posts that are honest and respectful and do not contain malicious, discriminatory, insensitive or inappropriate comments. You agree that BSL act as a moderator of all posts and reserve the right to delete any posts that are displayed at our sole discretion. You agree that BSL may terminate any ability for you to post further reviews if in our opinion we believe that your posts are inappropriate.
Buy Sell Lease is both a Registered Trademark and Patent, both Nationally and Internationally. The content displayed on our site, including but not limited to, all information, text, materials, images, graphics, software, tools, logos and trademarks, are protected by Trade Mark, Copyright and Patent Protection laws.
You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit, share or distribute this content in any way.
The service provided by BSL includes links and direct synergy to third party real estate professionals, services and websites, as well as materials provided by third parties. BSL does not endorse, and takes no responsibility for such products, services, events, websites, and materials. You understand that BSL has no obligation to, and generally does not, approve or monitor materials provided by third parties through the services of BSL. Your dealings with any third party arising in connection with the services of BSL are solely between you and such third parties, and BSL takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
No guarantee or promise is given that the real estate agents or other real estate professionals or advertisers, hold a current licence, registration or any other accreditation, required by law, to perform the services that they say are doing. You should rely on your own enquiries about, and with, these third parties.
Linking to our website and BSL service without written permission or authorisation is prohibited.
BSL may at any time, without notice and liability to you, remove, alter or terminate access to any or all of your Content, in our sole discretion. Without limitation, BSL may remove, alter or terminate access to any or all of your content, if we consider:
You represent that the information you enter and provide through the services of BSL is, true, accurate and correct, at all material times that you use our services.
You agree that you make sure that you keep your username and password private and secure at all times, and warrant that you accept all liability for any unauthorised access and use of your username and password. You grant and permit BSL, a National and an International, non-exclusive right to display and communicate your content to third parties, with regard to the services of BSL and the real estate industry, in any medium, whether in existence or currently utilised or not. In this grant and permission, BSL may treat your Content in any manner as aforementioned, without liability or compensation, of any nature to you.
In using the services of BSL, you acknowledge and consent to BSL & third parties, such as real estate agents and other real estate professionals and advertisers, receiving your Content and sending you information in relation to real estate services, and as such indemnify and release BSL from any claims that you may make in relation to any third party synergy and communication. BSL does not monitor the Content of real estate agents and other real estate professionals and advertisers and accordingly, we make no warranty or representation, expressed or implied with regard to any third party content. This synergy and communication is completely at your own risk.
You should only use the service of BSL and provide the information requested at your own risk & decision, knowing that this information will be forwarded to real estate agents and other real estate professionals and other advertisers.
You agree not to use BSL in any way that is unlawful, or harms BSL, its service providers, advertisers and any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity.
Except as expressly stated herein, these Terms of Use, do not provide you a licence to use, reproduce, distribute, display or provide access to any portion of the Services on third party web sites or otherwise.
BSL reserves the right, at our sole discretion, to pursue all legal avenues, including but not limited to, deletion of your USER account and immediate termination of your services with BSL, upon any breach by you of any of our Terms & Conditions.
Buy Sell Lease is not a real estate agency. BSL does not act as a real estate agent for you or any other user. BSL does not act as an agency to sell, buy or lease real property. BSL does not receive fees on a lead basis from the real estate agents or other real estate professionals who subscribe and use BSL. All fees for real estate services, tools and other advertisers are on an Annual Subscription basis.
BSL's role through our uniquely designed synergy is to create a direct link and synergy between Consumers and Real Estate Agents and other Real Estate Services, for the purpose of enquiring about buying, selling, and leasing real estate in Australia. All enquiries are direct between you and real estate professionals, and not in the open through any website. All information provided by Real Estate Agents and Other Real Estate Professionals is not information provided through our website, unless it appears as a general advertisement promoting their services.
In using the services of BSL, you agree to receive email marketing and material relevant to your use of BSL and the services we market.
At all material times, you agree to fully indemnify BSL, against any loss, liability, claim or demand, as a result of your use of BSL.
Your use of BSL and all of our legal notices will be governed by and construed in accordance with the laws of NSW, Australia, and by using the services of BSL, you irrevocably and unconditionally submit to the jurisdiction of the courts of that State.
BSL cannot and does not confirm that each User, Real Estate Agent or Other Real Estate Service, Real Estate Tool or advertised business is who they claim to be. BSL do not, and cannot be, involved in your communication with third parties, or control the behaviour of all those who use the service of BSL, and accordingly, in the event of a dispute between you and any third parties, you release BSL (and our employees) from claims, demands, costs (including legal costs), liability and damages, actual and consequential, direct or indirect, of any kind and nature, known and unknown.
To the extent permitted by law, our liability to you, for breach of these Terms & Conditions, 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 and Conditions or the service of BSL, is limited to the following, to be applied at our sole discretion:
If any provisions of the Terms & Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
We are committed to protecting Your Privacy in accordance with our Privacy Policy. By using the services of BSL, you agree to the terms of our Privacy Policy.
The Terms & Conditions herein and also included in other Supporting Agreements relate to the Use of Buy Sell Lease's Website, App and Service (BSL) by a Real Estate Agent, Real Estate Agency and Other Real Estate Service, Real Estate Tools, Advertisers and Schools (YOU) with the consent of the Real Estate Agency &/Or Other Employer/Contractor of Other Real Estate Professional (Agency) that they contract to or are employed by. By entering into this Agreement, you agree to be bound by our Terms & Conditions and other Supporting Agreements. Definitions are located at the end of these Terms & Conditions.
1.1 These Terms & Conditions create a legally binding Agreement and obligation between:
2.1 These Terms and Conditions are to be read in conjunction with the "User Terms & Conditions", that apply for the User Use of Buy Sell Lease Synergy, together with the Privacy Policy of BSL. Acceptance of these Terms & Conditions is also acceptance of the Supporting Agreements defined herein, and in reference to this Agreement the term "Terms & Conditions" also includes other Supporting Documentation previously mentioned.
2.2 In the event of any inconsistency or discrepancy between these Terms & Conditions and the User Terms & Conditions, these Terms & Conditions shall take priority and prevail.
3.1 All Terms & Conditions & Supporting Agreements of BSL may be changed by BSL at any time and without Notice to any other party.
3.2 It is your sole responsibility to periodically check our Terms & Conditions which are current as of the date they appear on our Website. Continuation of the use of our Site and Services by you, deem you to have accepted our Terms & Conditions as changed.
(a) In the event that you do not agree with any of our Terms & Conditions, you must cease to use our Services immediately and notify us in writing as to the reason for your objection or issue(s) thereof. This event does not automatically render your Agreement void and cancelled permitting you to receive a refund. All decisions relating to the outcome of your objection and whether a refund of any unused pro-rata fee for the term is warranted, is at our sole discretion.
(b) BSL reserve the right to withdraw, change or upgrade our Website or App, products or services (including format, design, content, name, scope, etc) at any time. We will use reasonable endeavours to notify you in advance of any proposed changes that we make to BSL. If we make material changes, that disable the use of BSL by your Agency, you may terminate this Agreement by giving us written notice within 14 days of the change. Failure to terminate this Agreement within this period will constitute acceptance of the change(s).
4.1 Subject to these Terms & Conditions, and in consideration of the payment of Fees when due, BSL, agree to provide the service to you that allows a direct synergy and communication between users and you for the purpose of real estate services in connection with buying, selling and leasing of property, that are undertaken in the ordinary course of your everyday business. Each physical addressed office requires its own individual subscription. For real estate agencies marketing their business and their properties, there is no fee whatsoever from BSL. For real estate agents marketing their profile, there is no fee from BSL.
4.2 You may not use BSL services except as expressly stated in these Terms & Conditions.
4.3 You must upload and display on your Agent Profile on your Agency's website, audio visual electronic window display and e-brochures, any material that we forward you from time to time, to market and create awareness of Buy Sell Lease.
4.4 You agree to promote BSL through all of your Agency and Agents social media accounts and share/like/repost material provided by BSL.
4.5 You agree that:
4.6 We reserve the right (but have no obligation) to review, modify, reformat, reject or remove (or direct you to perform such actions), any material that you make available through the services of BSL.
5.1 Buy Sell Lease is completely FREE for Real Estate Agencies and Agents to market their properties, their Agency and their team. Any reference to payment and fees relate to other real estate related industries and professionals such as conveyancing, finance, pest and building reports and the like.
5.2 All Fees are paid monthly and/or annually and in advance before the commencement of any activity or service being provided by BSL. Receipt of any payment is further evidence of Acceptance of our Terms & Conditions by you.
5.3 BSL reserve the right to vary any payment terms with any other Real Estate Professional, or Advertiser, agreed with in writing, which does not alter or provide any rights of equivalence for any other Agreement with any other client.
5.4 If any Agreement is made on Account, payment must be within 7 days of the date of the invoice.
5.5 All payments will be made through our preferred payment gateway through direct deposit arrangement or credit card payment. Payment is only deemed to be accepted as received in full when there is confirmation from our financial institution of cleared funds in our account. All Tax Invoices will set out the amount of the GST payable.
5.6 You must pay GST on a Taxable Supply made to You under this Agreement. You must account and pay the GST in the same manner and at the same time You pay the consideration for the Taxable Supply to which the GST relates.
5.7 In the event that a renewal of the subscription of Buy Sell Lease is not completed, received and paid for, prior to the expiration of the Initial and First Service Agreement, Buy Sell Lease will charge Subscription Fees relevant to New Subscribers at the time of the renewal request beyond the Initial and First Service Agreement period.
6.1 If you breach any of these Terms & Conditions relating to BSL, including failure to pay for a Service provided, or suffer an Act of Insolvency, BSL may at our sole discretion and without limitation:
6.2 You suffer an "Insolvency Event", if:
7.1 All Agreements are for a period of twelve (12) months, unless otherwise agreed to by BSL in writing, and will continue automatically thereafter, for a further twelve (12) months including the repayment of any subscription fees unless BSL is notified in writing of your intention to terminate your service at the end of your twelve (12) month period.
7.2 The commencement of your twelve (12) month service period will commence on the same day that you have been notified by email.
7.3 BSL will not be held liable for any time taken for your Webmaster to activate the redirect code. Any delay in this process is a matter between you, the Agency you work with, your Head Office and the relevant Webmaster.
8.1 BSL will forward you, a Renewal Notice, eight (8) weeks prior to the expiration of your current Agreement.
8.2 Your Renewal Agreement and Fee must be received by us in compliance with the Agreement and Tax Invoice, in full, two (2) weeks prior to the expiration of your current Agreement.
8.3 In the event that BSL has not received what is referred to in Clause 8.2, BSL reserve the right to terminate your service and synergy of BSL, without further notice, at midnight on the last day of your Agreement.
9.1 Copyright and other relevant intellectual property rights exist on all text relating to BSL's services and the full content of our Website and App.
9.2 BSL logo and name is a registered Trademark in Australia and other countries, and is owned by Integral Property Australia Pty Ltd. and exclusively licenced to Buy Sell Lease Pty Ltd.
9.3 The Innovation and Concept of BSL is registered as a Patent in Australia and other countries, and is owned by Integral Property Australia Pty Ltd. and exclusively licenced to Buy Sell Lease Ltd.
10.1 You acknowledge and agree that you are solely responsible for the information, data and other content, you allow users to access through BSL.
10.2 You acknowledge that you have the authority to offer the services, products and information, through BSL, from relevant third parties with a proprietary interest.
10.3 You acknowledge that each provision of the Terms & Conditions are individually severable. If any provision becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from this Agreement in the relevant jurisdiction, but the rest of this Agreement will not be affected.
10.4 You acknowledge that BSL may need to terminate or replace our third party contractor from time to time, at our discretion, which may be on short notice. BSL will use all reasonable endeavours to ensure the continuity of your service by BSL, however, we do not make, nor imply, any guarantee that your service will continue or will continue uninterrupted.
10.5 You acknowledge that BSL is provided to you on an "as is" basis and, to the extent permitted by law, we (and our contractor), exclude all warranties and representations in relation to BSL.
10.6 You acknowledge that this Agreement may not be assigned to any other party including your own Body Corporate and person.
11.1 Neither you nor the Agency may assign, sub-licence or transfer (or attempt to assign, sub-licence or transfer) its rights or obligations under this Agreement (including the right to receive the Service of BSL) to any other party (including a related Entity) without the prior written consent of BSL. Any assignment or sub-licence without the prior written consent of BSL shall be null and void. This Agreement and Supporting Agreements may be assigned by BSL without the consent of you or the Agency.
12.1 To the extent permitted by law, BSL exclude all conditions and warranties that our site and App Synergy will be uninterrupted or error free. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law our liability will be limited to the re-supply of those services. BSL is not liable for any damages or loss from any Internet or Telco failure.
12.2 In no circumstances, will BSL be liable to you for any indirect, incidental, special and/or consequential loss or damages (inc. loss of profits, goodwill, data or opportunity). For products or services supplied by us, our liability to you will be limited to the amount paid by you in respect of those products or services.
12.3 You agree to indemnify and hold BSL and our contractor(s), harmless against any expenses, costs, loss or damage that we may suffer or incur as a result of or in connection with your use or conduct on connections with BSL or this Agreement, including any breach of this Agreement by you.
12.4 You will continually indemnify BSL against any claim or proceeding that is made, threatened or commenced, and against any liability, loss, damage, cost or expense (including our legal and associated costs on a Full Indemnity Basis).
12.5 You warrant to BSL, that the publication of any material by you through the services of BSL, does not breach or infringe:
12.6 You acknowledge that You do not rely on any representation or advice made by or on behalf of BSL in connection with the services BSL provide.
12.7 You acknowledge and accept the risk that any communication to, from and through BSL, may be intercepted, used or modified by third parties.
12.8 BSL does not warrant that access to our Site and Service will be uninterrupted or error free or that BSL or any material accessible through BSL is free from errors or viruses, worms, Trojan horses, time bomb, cancelbot or other harmful components.
12.9 Except in relation to any of your material uploaded and administered through BSL, which you grant us a licence to deal with, you do not have any right, title or interest in or relation to our site.
12.10 BSL is made available to you for the exclusive purpose of advertising your listings directly to users and also using BSL as a business generating tool in "Connecting People with Property". You must not use the software for any other purpose.
12.11 All database material remains the property of BSL. Subscription will allow the use of the synergy for you, only for the period that your Agreement is valid.
13.1 You shall treat as confidential all information regarding BSL business and affairs that may come into your possession as a result of or in the performance of this Agreement. You must not disclose our confidential information to any third party without our written permission, unless required to do so by law.
13.2 BSL collects your personal information to provide the service to you and for invoicing purposes. BSL may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of the provision of the BSL service and for overdue accounts, to debt collection agencies to recover amounts outstanding and owing.
13.3 You may gain access to your personal information by writing to the Privacy Officer, admin@buyselllease.com.au. BSL Privacy Policy is available on www.buyselllease.com.au.
13.4 Each party will treat as confidential, and will procure that its employees, employer, contractors, treat as confidential and will not disclose, unless disclosure is required by law:
13.5 Each party agrees to take all reasonable precautions to prevent any unauthorised use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
Without limiting our other rights and remedies at law, BSL may terminate this Agreement immediately:
You acknowledge and consent to reviews on the service offered by YOU and YOUR business being rated independently by our USERS and being displayed publicly on BSL for the benefit of USERS and YOU and YOUR business. These reviews are made and displayed by our USERS.
YOU indemnify and protect BSL from any actions or liability arising out of any review posted about YOU and YOUR business that may have a negative impact on YOU or YOUR business. BSL will use its best endeavours to protect YOU and YOUR business from fake, malicious and/or damaging review posts that are not displayed in a respectful and fair manner.
YOU and YOUR Business will ensure that your business profile is constantly updated to reflect all current particulars of your business, including but not limited to, Name of your business, contact details, URL Address, "Meet the Team" page, logo, "About Us" and that your content is not malicious or cause any other person or business offence or discrimination.
Advertisers/Job Recruitment means any person, entity or Body Corporate that promotes their products, services or job opportunities and/or business through Buy Sell Lease.
Agency means an Employer or Body Corporate that you are employed or contracted to, which can include a Real Estate Agency Business or Business described in Other Real Estate Professional.
Body Corporate — The term 'body corporate' is considered to cover any artificial legal entity having a separate legal personality. These entities have perpetual succession, they also have the power to act, hold property, enter into legal contracts, sue and be sued in their own name, just as a natural person can.
BSL and Services of BSL means Buy Sell Lease and the Company that is licenced to Use and Trade under its name and with all of its Intellectual Property, known as Buy Sell Lease Ltd (A.C.N 159 653 504).
Real Estate means any act or business related to the Buying, Selling and Leasing of Real Estate including but not limited to those described in AGENCY and OTHER REAL ESTATE PROFESSIONAL.
Real Estate Service means anyone, entity or Body Corporate engaged in business that relates to the real estate industry, and may include, but is not limited to: Legal Practitioners, Valuers, Insurance Agents, Strata Agents, Pest Report Businesses, Building Report Businesses, Depreciation report Businesses, Finance Agents, Accountants, and the like.
Real Estate Tools means anyone, entity or Body Corporate engaged in business that relates to the everyday running of a real estate business including but not limited to Auctioneer, Photographer, Marketing, CRM, etc.
Schools means any Government, Independent, Private institution engaged in the education of children through Primary and Secondary education.
Service Agreement means this document which relates to Terms and Conditions for Real Estate Agents and Other Real Estate Professionals.
Supporting Agreements means the collective Agreements of BSL being: Privacy Policy, User Terms & Conditions, Service Agreement – Terms & Conditions Real Estate Agent, Advertising Policy, and any other Policy that may be introduced to our website at any time, and without notice to anyone.
USER means a consumer that is utilising the services of BSL for the purpose of Buying, Selling and/or Leasing real estate, commonly described, within the real estate industry as Vendors, Purchasers, Landlords and Tenants. It also means a consumer who utilises the services of Buy Sell Lease to search for services relating to property, real estate and/or career prospects.
YOU means a person and or a legal entity or Body Corporate, that is engaged in the real estate industry as described in Real Estate Services, for and on behalf of an Employer in the capacity of an Employee or a Contractor.