Terms and Conditions

MANDATORY DISCLOSURES

The Fair Trading Act 1987 (NSW) and the Property and Stock Agents Act 2002 (NSW) requires certain disclosures to be made by the Service Provider, in connection with this Contract, and the provision of Services.

They are:

(a)   Referrals: Clause 7 of our Terms allows us to make referrals to third parties in relation to the Services that we provide to you. We do this to ensure that your service is as easy and pain free as possible.

We may, or may not, be financial compensated for these referrals. As part of our compliance obligations we may provide with you Section 47 Disclosure to client and prospective buyer of land as required by the Property and Stock Agents Act 2002 (NSW). As part of accepting our engagement, we may require you to sign such form where relevant.

(b)   Exclusion of Liability: Clause 11 of our Terms limits our liability in respect of the Service provided to you.

(c)   Information: Clauses 9 & 10 of our Terms permits us to provide data about you, or data provided by you, to a third party in a form that may enable the third party to identify the you.

1. Our Contract

• • These terms and conditions (Terms) are between Bluecorp Acquisitions Pty Ltd 48 606 609 429 trading “Buyers Agent Hotline”, Corporation Licence no. 1011 7326 // Real Estate Licence no. 20044473 (We, Us or Our) and you.
  • When you place an order via Our Website, you will receive an order confirmation email confirming receipt of your order (Confirmation Email). This Confirmation Email will only be an acknowledgment of your order and will not constitute acceptance of your order.
  • A contract between Us will not be formed until We send you confirmation by email (Dispatch Email).
  • Only those Services listed in the Dispatch Email will be included in the contract formed between you and Us (Contract), unless otherwise varied in accordance with these Terms.

2. Pricing and availability

We use reasonable commercial efforts to ensure that all details, descriptions and prices of the Services which appear on this Website (Services) are accurate. However, listing errors may occur in relation to such details, descriptions and prices (Error). If We discover an Error in relation to any Services you have purchased, We will endeavour to correct the Error as soon as practicable.

3. Payment

Once We receive your order, We may carry out a standard authorisation check on the credit or debit card you provided to Us at time of checkout (Card) to ensure there are sufficient funds to fulfil the transaction. Your Card will be debited upon authorisation being received. The monies received upon the debiting of your Card must be treated as a deposit against the value of the Services you wish to purchase. After your Dispatch Email has been sent, the monies paid as a deposit must be used as consideration for the value of Goods you have purchased as listed in the Confirmation Email.

4. Services

• • On placing an order through the Website for your Service Package, you agree that We are only required to provide the type, and level of, Services listed in that Service Package (unless there is a change to those Service in accordance with these Terms).
  • We agree to provide the Services to the you in consideration for you paying the Fee to Us subject to the provisions of these Terms.
  • You and Us, will agree on the time and place for the performance of the Services subject to the availability of the Our staff and agents.
  • The Services will be performed by Our employees or agents that We may choose as most appropriate to carry out the Services.
  • You agree that We will provide the Services from the date of the Dispatch Email to you, for the Term described in that Dispatch Email.

5. Fees & Invoicing

• • Fees for the Services are paid as described in clause 2 and are GST exclusive unless otherwise indicated.
  • You agree for Us to deduct Fees for the Services (including any other monies payable in accordance with these Terms) from the Card provided by you. These include:
    • any variations to the Services; and
    • any other order that you place with Us on the Website.
  • You agree that the Fees payable by you are charged monthly and will continue until either you notify Us to stop providing the Services, or you intend to terminate this Contract.

6. No partnership or employment relationship

• • Nothing in these Terms constitutes the relationship of employer and employee between Us and you, or between the you and Our Personnel.
  • It is the express intention of the Parties that any such relationships are denied.

7. Use of subcontractors

• • We are permitted to use other persons to provide some or all of the Services.
  • We are responsible for the Services provided by any of Our subcontractors, or agents.

8.Intellectual Property

• • You agree that, other than as expressly provided in this clause, nothing in this Terms transfers or grants you any right, title or interest in or to any of Our Intellectual Property.
  • You acknowledge that ownership of the Intellectual Property, Background IP and Contract IP remains vested in Us.
  • You are expressly prohibited from, without our written consent, from: creating, promoting, retaining, enhancing, copying, modifying, or disclosing the Intellectual Property, Background IP and Contract IP.
  • You agree to indemnify Us fully against all liabilities, costs and expenses which We may incur in respect of breach of this clause, including without limitation:
    • obtaining legal advice;
    • seeking an injunction;
    • commencing proceedings; or
    • resolving any disputes.
  • You acknowledges that the Our rights in respect of the Intellectual Property, Background IP and Contract IP are valuable property rights and that non-compliance by you with your obligations under these Terms could severely prejudice the value of Our Intellectual Property, Background IP and Contract IP. You acknowledges that it is appropriate us, to enforce compliance with these Terms by seeking injunctive relief (including urgent interlocutory injunctions).
  • This clause is an essential term and survives termination of this Contract.

9. Confidentiality

• • A Party which receives Confidential Information (Recipient) from the other Party (Discloser) must keep the Discloser’s Confidential Information confidential and not deal with it in any way that might prejudice its confidentiality.
  • The Recipient’s obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by the Discloser.
  • At the Termination Date, or when earlier directed by the Discloser:
    • all Confidential Information must be returned to the Discloser, including all copies of the Confidential Information or any extracts or summaries of the Confidential Information that the Recipient makes and any software that the Recipient creates based on the Confidential Information; and
    • the Recipient must erase and destroy any copies of any software containing or comprising the Confidential Information in the Recipient’s possession or under the Recipient’s control or that may have been loaded onto a computer possessed or controlled by the Recipient.
  • The Confidential Information does not include information which:
    • is generally available in the public domain otherwise than as a result of a breach of clause 9(a) by the Recipient; or
    • was known by the Recipient prior to the Discloser disclosing the information to the Recipient.
  • The Recipient agrees that the Discloser may require any of the Recipient’s Personnel to sign a confidentiality agreement in a form that the Discloser approves, as a condition of the Discloser’s acceptance of any of the Recipient’s Personnel.
  • The Recipient agrees to indemnify the Discloser fully against all liabilities, costs and expenses which the Discloser may incur as a result of any breach of this clause 9 by the Recipient.
  • The Recipient acknowledges that damages may be an inadequate remedy for breach of this clause 9 and that the Discloser may obtain injunctive relief against the Recipient for any breach of this clause 9.
  • The obligations accepted by the Recipient under this clause 9 survive termination or expiry of this Contract.

10. Privacy

• • You agree that We collect Personal Information as provided by you in connection with the Services provided, and these Terms so as to ensure that Our dealings with that information pursuant to this Terms comply with Our obligations under any Privacy Laws.
  • We agrees to take reasonable steps to protect any Personal Information provided by the you, unless otherwise agreed to by you, or otherwise dealt with in these Terms.

11. Warranties, liability and indemnities

• • We agree to comply at Our own cost and expense with all acts, ordinances, rules, regulations, other delegated legislation, codes and the requirements of any Commonwealth, state and local government departments, bodies, and public authorities or other authority in the provision of the Services.
  • We provide no warranty as to the Services provided unless otherwise agreed too between the Parties.
  • Except in the case of death or personal injury caused by Our negligence, the liability of the Us under or in connection with this Contract whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by You to Us under this Contract.
  • Neither Party is liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
  • Each of the Parties acknowledges that, in entering into this Contract, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Contract. Any conditions, warranties or other terms implied by statute or common law are excluded from this Contract to the fullest extent permitted by law.
  • The obligations accepted by Parties under this clause 11 survive termination or expiry of this Contract.

12. Termination

• • This Contract will be terminated on the Termination Date, or in accordance with these Terms or otherwise agreed by the Parties.
  • Either Party may terminate this Contract by notice in writing to the other if the Party notified:
    • fails to observe any term of this Contract; and
    • fails to rectify this breach, to the satisfaction of the notifying Party, following the expiration of 7 days’ notice of the breach being given in writing by the notifying Party to the other Party.
  • Upon termination of this Contract any Fees, expenses or reimbursements payable by You (or which remain outstanding as at the Termination Date) to Us must be payable by You within 7 days of the Termination Date.

13. General

• • Neither Party has any liability under or may be deemed to be in breach of this Contract for any delays or failures in performance of this Contract which result from a Force Majeure Event.
  • The Party affected by these circumstances must promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
  • If such circumstances continue for a continuous period of more than 6 months, either Party may terminate this Contract by written notice to the other Party.
  • This Contract may only be amended in writing signed by duly authorised representatives of the Parties.
  • This Contract contains the whole Contract between the Parties in respect of the subject matter of the Contract.
  • The Parties confirm that they have not entered into this Contract on the basis of any representation that is not expressly incorporated into this Contract.
  • No failure or delay by Us in exercising any right, power or privilege under this Contract will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
  • The rights and remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by law.
  • Each Party to this Contract must, at the request and expense of the other, do all things reasonably necessary to carry out the provisions of this Contract or to make it easier to enforce.
  • If any provision of this Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Contract and rendered ineffective as far as possible without modifying the remaining provisions of this Contract, and will not in any way affect any other circumstances of or the validity or Contract of this Contract.
  • You agree that we may issue or can make public announcements (for marketing purposes) regarding the Services provided, subject to consultation with you.
  • A notice or other communication connected with this Contract has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the address of the addressee as set out in this Contract, or sent by email to the email address of the addressee.
  • This Contract takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in NSW, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of NSW.

14. Definitions and interpretation

• • Definitions

In this Contract, unless the context indicates otherwise, the following words have the following meanings:

Background IP means Our Intellectual Property which was in existence prior to the commencement of this Contract or which is subsequently developed by Us independently of and for purposes unconnected with this Contract.

Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).

Commencement Date means the date on which We agree to provide the Service as outlined in the Dispatch.

Confidential Information includes any information marked as confidential and any information received or developed by Us during the term of this Contract, which is not publicly available and relates to processes, equipment and techniques used by the you in the course of Our business including all information, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as Our lists, financial information and business plans.

Contract IP means Our Intellectual Property created by Us in the course of performing Our obligations under this Contract.

Fees means the monies payable by you as agreed to in the Confirmation Email for the Service Package, or as otherwise payable by you in connection with this Contract.

Force Majeure Event means any occurrence or omission as a direct or indirect result of which the Party relying on it is prevented from or delayed in performing any of its obligations under this Contract and which is beyond the reasonable control of that Party and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency but does not include any act or omission of a subcontractor (except to the extent that act or omission is caused by a Force Majeure Event).

GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

GST means the same as described in the GST Law.

Infringement means any actual, suspected or threatened infringement or passing off of the Intellectual Property) or related breach of the Competition and Consumer Act 2010 (Cth) or any State fair trading legislation.

Intellectual Property includes Our.

Intellectual Property means the Our trademarks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former described in Item 8 whether registered or not, including any applications to protect or register such rights, including all renewals and extensions of such rights or applications, whether vested, contingent or future and wherever existing and as further.

Losses means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.

Parties means the Us and you, and Party means either one of them.

Personal Information has the meaning as defined in any applicable Privacy Law.

Personnel means any person or persons that We designates to perform the Services on Our behalf.

Privacy Law means any legislation or administrative requirement (as amended from time to time) imposing an obligation in relation to the collection, use, disclosure, storage and transmission of Personal Information which is applicable to a party in the performance of its obligations under this Contract, including without limitation any codes, principles or guidelines contained in or arising out of such legislation.

Related Body Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth) (Corporations Act).

Service Package means the type of Services disclosed on the Website.

Services means the consultancy services, as outlined by the Service Package ordered on the Website by you to be provided by the Us under this Contract.

Term means the term to which We agree to provide the Services as described in the Dispatch Email, including any further period as agreed between the Parties.

Termination Date means the earlier of either the expiry date of the Term, or the date on which this Contract is terminated.

Website means www.buyersagenthotline.com.au

• Interpretations

In this Contract unless the context otherwise requires:

• words importing any gender include every gender;
• words importing the singular number include the plural number and vice versa;
• words importing persons include firms, companies and corporations and vice versa;
• references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this Contract;
• reference in any schedule to this Contract to numbered paragraphs relate to the numbered paragraphs of that schedule;
• any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
• the headings to the clauses and schedules of this Contract are not to affect the interpretation;
• any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
• the word “including” (and related forms including “includes”) means “including without limitation”.