1300 559 441

The housesettled.com.au (Site) is owned by LovePad Pty Ltd ABN 21 619 824 421 (referred to as HouseSettled, We or Us). The Site connects sellers of real property (Sellers) with buyers of real property (Buyers) by facilitating introductions between Buyers and Sellers (Services). We will also provide agency services for Sellers in accordance with the Seller’s appointment of Us as its agent for a Listed Property under an agency service agreement (Agency Service Agreement) and any prescribed form of agency agreement required by Applicable Law (Prescribed Agency Agreement) as agreed between Sellers and Us (Agency Services).

  1. Agreement
    1. These Terms and Conditions (Terms) form a binding legal agreement between Us and each person, organisation or entity accessing, viewing or using the Site and Services, including Buyers and Sellers (referred to as User or You). By accessing or using the Site and Services, each User agrees to comply with and be legally bound by these Terms. Sellers and Buyers will also be asked to click “I Agree” when registering for an Account as a Seller or Buyer. Please read the Terms carefully. If there are any questions, please contact us using the contact details at the end of these Terms.
    2. The User’s access and use of the Site and the Services indicates that:
      1. the User has had sufficient opportunity to access the Terms;
      2. the User has read, accepted and will comply with the Terms;
      3. the User has legal capacity to enter into a contract for sale; and
      4. the User is 18 years or older.

      If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use any of the Services.

    3. We may amend these Terms from time to time with immediate effect upon giving Users notice of the varied Terms via the Site. Use of our Services following any such amendments will be deemed to be confirmation that the User accepts those amendments. If a User has reasonable grounds to believe that the varied Terms will be detrimental to their rights, the User may terminate their Account created under these Terms without penalty upon receiving the notice of varied Terms. We recommend that each User check the current Terms, before continuing use of the Site or Services.
    4. These Terms supplement and incorporate Our policies and terms and conditions, including without limitation the Website Terms of Use, Privacy Policy posted on the Site. If you are a Seller, you must also enter into an Agency Service Agreement and any Prescribed Agency Agreement with us which supplement these Terms.
    5. Our Privacy Policy and Website Terms of Use set out how We collect, use and protect the personal information of our Users.
  2. Site Summary
    1. The Site and the Services provide an introductory service for Sellers and Buyers.
    2. A Seller with real property to sell (1) creates an account on the Site and (2) pays the listing fee set out on the Site and in the Agency Service Agreement when setting up a sale listing and sends us all the listing information we require as set out in the Agency Service Agreement to provide the Agency Services. We then provide the Agency Services specified in the Agency Service Agreement and list the Seller’s real property on the Site for sale (Listed Property). The Seller can post inspection times for the Listed Property.
    3. A Buyer looking for real property to buy (1) creates an account on the Site (2) searches for Listed Properties and (3) may request further details about Listed Properties from Sellers and make requests to Sellers to view Listed Properties via the private chat function on the Site or telephone or email exchanges with Sellers.
    4. We will hold all Buyer deposits for Listed Property purchases as the estate agent for the Seller in accordance with the Applicable Law.
    5. Each time a Site User receives a message from the Site messaging service, a notification may be sent to the User via their currently active communication channel.
    6. If a Buyer or Seller wishes to complain about any comment made on the Site, they must either use the “Report” function available from time to time on the Site.
    7. Each User understands and agrees that the Site is an online introductory platform only, and that Our responsibilities are limited to facilitating the user functionality availability of the Site and the Services and, in the case of Sellers, the Agency Services. We are not an employment agency or labour hire business. By accessing or using the Site, You acknowledge that Sellers are not our employees, contractors, partners or agents.
    8. We are not a party to any agreement entered into between a Seller and a Buyer. We are not a referrer or booking agent, and provide no such related services. We have no control over the conduct of Buyers, Sellers and any other Users of the Site and the Services. We disclaim all liability in this regard, as set out in these Terms.
    9. Any arrangement between a Seller and a Buyer is solely between the Seller and Buyer. It is strictly and expressly not part of the User’s agreement with Us.
    10. To the extent permitted by law, We accept no liability for any aspect of the Buyer and Seller’s interaction, including but not limited to the description of the Listed Property where the details of which have been provided by the Seller. We do not assist or involve Ourselves in any way in any dispute between a Buyer and a Seller.
    11. You expressly agree that We have no responsibility and make no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Buyers and Sellers), including, but not limited to, the right and capacity of Sellers to sell Listed Properties , or the ability of Buyers to pay for Listed Properties.
  3. Online Registration
    1. A User can browse and view the Site as an unregistered user of the Site. A User must register on the Site and create an account (Account) to access some Services.
    2. Each User may only have one (1) Account on the Site.
    3. Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including name, email address, and location and select a username and password.
    4. Sellers agree that the Agency Service Agreement and any applicable Prescribed Agency Agreement may be executed in any number of counterparts, including counterparts in electronic form using electronic signatures. Each counterpart is an original but the counterparts together are one and the same Agreement. We can serve the Agency Service Agreement and any applicable Prescribed Agency Agreement to you to your email address you input into the Site.
    5. Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate any User’s Account and his/her access to the Site and Services if any information provided to Us proves to be inaccurate, not current or incomplete.
    6. To keep information secure and confidential, We use SSL Certificates to establish an encrypted link between a server and a User. Users will be requested by Us to change their passwords at regular intervals. Further information on the storage and security of personal information can be found in our Privacy Policy and Website Terms of Use.
    7. It is the User’s responsibility to keep its Account details, username and password confidential. The User is liable for all activity on its Account, including purchases made using its Account details. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
    8. The User will immediately notify Us of any unauthorised use of its Account.
      At our absolute discretion, We may refuse to allow any person to register or create an Account or for a Seller to list their property on the Site.
  4. Method of Sale
    1. Sellers will be required to confirm whether Sellers wish to sell their property by private treaty or by auction. Different Products and Services will be required for the sale of the property, depending on which option Sellers choose. The Service Fees payable in respect of the Listed Property will also vary depending on the method of sale.
    2. Sale by Private Treaty: If a Seller choose to sell the Listed Property by private treaty they will be required to notify us of the price for the Listed Property that we will include in the Listed Property advert and all agreed advertising. Sellers are not obliged to accept an offer if the offer is for the advertised selling price. Sellers are entitled to change the selling price at any time before Sellers agree to sell the Listed Property to a purchaser and before they have paid or transferred a deposit to Us or an agreed third party with a view to securing the purchase of the Listed Property.
    3. Sale by Auction: If Sellers choose to sell your Listed Property by auction we will need to instruct an auctioneer. An additional charge will apply where Sellers elect to sell by auction. This fee is set out in the Service Fees and will also be notified to Sellers on the Site via their Account when Sellers make the election as to whether to sell the Listed Property by private treaty or auction. Sellers will be charged this auction fee in addition to the initial upfront fee detailed in the Service Fees. We will need to fix a date for the auction and agree a guide price for the property to enable it to be listed on the Site and made available on other online property portals such as www.realestate.com.au, www.domain.com.au and www.housesettled.com.au. We will not display the price on any of these online portals. However, we need to know the minimum price you want to achieve so the Listed Property can be declared to be on the market on the day of the auction once that minimum price has been reached.
    4. Specific rules apply to the sale of property by auction. Sellers will be legally obliged to sell the property to the highest bidder once the auction commences and after the minimum price has been reached.
    5. If Sellers would like to receive and consider bids for the Listed Property prior to the auction, Sellers will need to inform us. If Sellers accept an offer prior to auction you will be liable to pay us for any viewings services utilised, as well as any costs we incur related to the auction (even if it is cancelled), for example the cost of the auctioneer in full or part, depending on the time of cancellation.
  5. Users and User Profiles
    1. Users who have created a Buyer or a Seller Account are permitted to create profiles. The User’s profile for its use of the Site is created from the personal information it provides to Us.
    2. Each User acknowledges and agrees that it is responsible for its own profile.
    3. Each User acknowledges and agrees that any communications entered into with another User is at his or her own risk. We cannot guarantee that other Users have genuine intentions.
    4. Each User should report to Us, any activities or requests of Users which are, or which the User reasonably believes to be:
      1. suspicious;
      2. inconsistent;
      3. illegal; or
      4. likely to have a negative effect on Our reputation, the Site, Services and/or a User.
    5. Each User acknowledges and agrees that while the Site allows Users to communicate with each other, Users are not permitted to share the contact information of other Users.
    6. Each User represents and warrants that any content that it provides and profile that it posts:
      1. will not breach any agreements it has entered into with any third parties;
      2. will be in compliance with all applicable laws, tax requirements, rules and regulations and licencing and insurance requirements that may apply to any User in its local area and country; and
      3. will not conflict with the rights of third parties.
    7. For the avoidance of doubt, we assume no responsibility for a User’s compliance with any applicable laws, rules and regulations.
    8. We reserve the right, at any time, to remove Property Listing that We, at our sole discretion, consider to be in breach of applicable laws.
  6. Ratings and Reviews
    1. Buyers may rate a Listed Property after viewing it, including value, condition and location which is only viewable by the Seller of the Listed Property (Rating).
    2. We may also request feedback on both Sellers and Buyers which we will use for our own internal purposes to assist you to provide improved Services,
    3. Users may also review the Site and our Services using https://au.trustpilot.com/ (Review).
    4. Reviews can be viewed by any User. Ratings will remain viewable by a Seller until the relevant the Listed Property is removed from the Site.
    5. A User must provide true, fair and accurate information in their Review.
    6. If, in Our reasonable assessment, the Review is untrue, unfair, inaccurate, offensive or inappropriate, We may delete the Review or ban the User from posting the Review. We do not undertake to review each Review made by a Buyer.
    7. Users must not post any Review that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defamatory content;
    8. To the fullest extent permitted by law, We are not responsible for the content of any Reviews.
  7. Forums
    1. The Site has a forum on which registered Users are able to communicate.
    2. We ask Users to limit their discussions to topics which are relevant to the Site and Services.
    3. We reserve the right to remove any posts by Users which We, at its sole discretion, deem to be inappropriate.
    4. Users acknowledge and agree that they are not permitted to post posts which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.
  8. Fees and Payments
    1. Registering and creating and Account with the Site is free for a Buyer.
    2. Sellers must pay us a Service Fee as set out on the Site at the point of registering a property for sale on the Site (Service Fee). We cannot commence providing the Agency Services, including uploading a Listed Property, until you have signed and returned an Agency Service Agreement and any applicable Prescribed Agency Agreement. Fees paid under these Terms will become solely subject to the Agency Service Agreement and any applicable Prescribed Agency Agreement in respect to each Property upon signing and not these Terms which will be simultaneously superseded and replaced to the extent of the Service Fee.
    3. You will be charged separately for all advertising that is not included as part of the Services. We will provide you with a choice as to any additional advertising you may require and we will provide you with the applicable price (including GST) for each requested additional advertising service before you are required to select whether to use these additional advertising services. The price will be the price outlined on our Site at the time of electing to receive these additional services.
    4. There is no charge for Users to review content on the Site, including Property Listings.
    5. We may from time to time change the Service fees and the terms applying to their payment. Any change relating to the Service fees is immediately effective upon us publishing such change on the Website and be applicable for Listed Properties listed after such change.
    6. To the extent permitted by law and subject to the Agency Services Agreement and any Prescribed Form between the Seller and Us, all fees and charges payable by Sellers to Us are non-cancellable and non-refundable.
    7. Cooling Off (Applicable to Sellers of Property in NSW): If the Property is in NSW, Sellers have a cooling off period under these Terms. If you do not wish to continue with these Terms after entering into it, you can cancel it until 5pm on the next business day or Saturday by notice to us. The notice must be provided in writing to the person named below. You may use the form of notice set out below.
    8. If the Property is in NSW and you cancel these Terms during the cooling off period and in accordance Applicable Law, we will refund to you any fees already charged to you. Please allow up to 5 Business Days for us to process the refund. We will not charge you any further fees following your notice to us.
    9. If the Property is in Qld, You may terminate these Terms at any time prior to the applicable Prescribed Form being signed by the Parties by notice to us. The notice must be provided in writing to the person named below. If you cancel this Agreement prior to the applicable Prescribed Form being signed by the Parties, we will refund to you any fees already charged to you. Please allow up to 5 Business Days for us to process the refund. We will not charge you any further fees following your notice to us. You may use the form of notice set out below.

      Notices to be sent to:

      To: Director

      I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract in relation to the sale of my property at …

      Signed:
      Name:
      Address:
      Date:
    10. HouseSettled uses a third party service provider, currently CommBank, to provide payment services.
    11. By paying the Service Fee You hereby consent and authorise HouseSettled and our current payment service provider to share any information and payments instructions You provide with one another and, to the extent required to complete your transaction, with any other third party service provider(s).
    12. If a Seller fails to complete a transaction for the Service Fee and does not have a lawful excuse for such failure, then in addition to our rights under these Terms (including any HouseSettled Policy) We may suspend (temporarily or indefinitely) or terminate the defaulting Seller Account.
  9. Dispute Resolution
    1. By using our Site and Services, each User agrees that any legal remedy or liability that he or she may seek to obtain for actions or omissions of a Seller, Buyer, or other third party, will be limited to a claim against the Seller, Buyer or other third party, who caused harm to him or her. We encourage Users to communicate directly with the relevant Seller, Buyer or third party to resolve any disputes.
    2. Subject to an Agency Services Agreement, if there are any complaints from a User against Us, We will aim to respond and provide a suitable solution within 45 days. If a User is not satisfied with Our response, the User and We agree to the following dispute resolution procedure:
      1. The complainant must tell Us in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The User and Us agree to meet in good faith to seek to resolve the dispute by agreement (Initial Meeting).
      2. If a resolution cannot be agreed upon at the Initial Meeting, either the User or Us may refer the matter to a mediator. If the User and Us cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. Each party to the dispute must attend the mediation in good faith, to seek to resolve the dispute.
  10. Cancellation of Registration
    1. If a User wishes to cancel its Account, it will need to do so by writing an email to the address at the end of these Terms. Users can also deactivate their Account at any time via the Site.
  11. Consumer Guarantees
    1. Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer the User with rights, warranties, guarantees and remedies relating to the provision of Services by Us to the User which cannot be excluded, restricted or modified (Statutory Rights).
    2. Nothing in these Terms excludes a User’s Statutory Rights as a consumer under the ACL. The User agrees that Our liability for Services provided to Users who are defined as consumers is governed solely by the ACL and these Terms. 
    3. We exclude all conditions and warranties implied by custom, law or statute except for the User’s Statutory Rights. Except for the User’s Statutory Rights, all material and work is provided to the User without warranties of any kind, either express or implied, and We expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  12. Intellectual Property
    1. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layouts (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not, including but not limited to copyright which subsists in all creative and literary works displayed on the Site and Services, the layout, appearance and look of the Site, together with any applications for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site is owned, controlled or licensed to Us (or its affiliates and/or third party licensors as applicable) (collectively Intellectual Property).
    2. The User agrees that, as between the User and Us, We own or hold the relevant licence to all Intellectual Property rights in the Site and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Us or the owner of the content.
    3. Some Intellectual Property used in connection with the Site and Services are the trademarks of their respective owners (collectively Third Party Marks).
    4. Our Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Us or the applicable trademark holder or Intellectual Property owner.
    5. Users of the Site do not obtain any interest or licence in the Intellectual Property or Third Party Marks. Users may not do anything which interferes with or breaches the Intellectual Property rights.
  13. User Licence
    1. Subject to these Terms, We grant the User a personal, non-exclusive, non-transferable, non-sublicensable limited and revocable licence to use the Site and Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User Licence), and not to use the Site and Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Our prior written consent.
    2. The right to use the Site and Services is licensed to the User and not being sold to the User. A User has no rights in the Site and Services other than to use it in accordance with these Terms.
    3. This Agreement and User Licence governs any updates to, or supplements or replacements for the Site and Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.
  14. Permitted and Prohibited Conduct
    1. The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Services, or Intellectual Property.
    2. The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations that may apply to its use of the Site and Services.
    3. The User must not post, upload, publish, submit or transmit any content that:
      1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
      2. is fraudulent, false, misleading or deceptive;
      3. denigrates Us, the Site, Services, Sellers, or Buyers;
      4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
      5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
      7. promotes illegal or harmful activities or substances.
    4. In connection with the User’s use of the Site and Services, the User may not and agrees that it will not:
      1. use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
      2. register for more than one Account or register for an Account on behalf of another individual and/or entity;
      3. as a Seller, offer any property that it does not intend to honour or cannot provide;
      4. violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
      5. copy, store or otherwise access any information contained on the Site and Services or content for purposes not expressly permitted by these Terms;
      6. infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
      7. use the Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
      8. use the Site or Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
      9. stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
      10. use, display, mirror or frame the Site, or any individual element within the Site, Services, Our name, any Our trademark, logo or other Intellectual Property, information, or the layout and design of any page or form contained on a page, without Our express written consent; or 
      11. advocate, encourage, or assist any third party in doing any of the foregoing.
  15. User Content
    1. Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Site and Services, the User grants to Us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Site and Services.
    2. The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Site and Services. The User represents and warrants that:
      1. it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Site and Services, or that it has all rights, licences, consents and releases that are necessary to grant to Us the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
        neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Our use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    3. We may at its sole discretion remove any User Content that is offensive or in breach of these Terms.
  16. Disclaimers
    1. We do not guarantee that that a Seller will sell its Listed Property via the Site or that Buyer will find a suitable property on the Site to buy. .
    2. We do not endorse any Seller or Buyer. We require Sellers and Buyers to confirm that they have provided accurate information.
    3. We accept no responsibility for and make no representations or warranties to the User or to any other person or entity as to the reliability, accuracy or completeness of the information contained on the Site.
    4. We will not be liable for any content that is, or could be, defamatory, obscene, pornographic, vulgar, offensive, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
    5. For the avoidance of doubt, We are not responsible for any duties, fees, taxation, visa or immigration matters associated under these Terms. We advise that all Users using the Site and Services should seek advice in relation to these matters.
    6. Each Seller and Buyer who uses the Site and the Services does so at their own risk.
    7. We exclude all express and implied conditions and warranties, except for the User’s Statutory Rights, to the fullest extent permitted by law, including but not limited to:
      1. We do not warrant that the Site, the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Site or the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components;
      2. We take no responsibility for, and will not be liable for, the Site, the Services, the Sellers, the Buyers, Buyer Services and Buyer products being unavailable, of a particular standard of workmanship, failing to meet the Listed Property description, failing to meet the User’s needs, or being of less than merchantable quality; and
      3. To the extent permitted by law, We will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Site, Services, content on the Site, inability to access or use the Site, the Services, any Listed Property , even if We were expressly advised of the likelihood of such loss or damage.
    8. The User agrees not to attempt to impose liability on, or seek any legal remedy from Us with respect to such actions or omissions.
  17. Limitation of Liability
    1. To the extent permitted by law, Our total liability arising out of or in connection with the Site, the Services or the Terms, however arising, including under contract, tort, negligence, in equity, under statute or otherwise, is limited to Us re-supplying the Services to the User, or, at Our option, refunding to the User the amount it paid for the Services, if any, to which its claim relates. Our total liability to the User for all damages in connection with the Services will not exceed the price paid by the User under these Terms for the 12 months period prior to the act which gave rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made.
    2. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Us and the User.
    3. This limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Us.
  18. Indemnity
    1. Each User agrees to defend and indemnify and hold We (and Our parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Services; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
    2. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
    3. This defence and indemnification obligation will survive these Terms and the User’s use of the Site or Services.
  19. General
    1. Accuracy: While We will endeavour to keep the information up to date and correct, We make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and We expressly exclude any liability for such to the fullest extent permissible by law.
    2. Security: We have a secured business system with an SSL connection to protect all User transactions and to ensure maximum security.
    3. Termination: We reserve the right to refuse supply of the Services required by any User, terminate any User’s Account, terminate its contract with any User, and remove or edit content on the Site, if the User commits a non-remediable breach or a remediable breach that is not remedied within 5 days, including where a Seller has dishonestly provided false information in relation to a Listed Property or not provided information to us required by applicable law, in its sole discretion. If We decide to terminate a User’s Account, with or without notice to the User, the User’s Account will be deactivated, its password will be disabled and it will not be able to access the Site, Services, its Account or its User Content.
    4. Fraudulent Activities: Each User acknowledges and agrees that, in the event Us reasonably suspects that there are fraudulent activities occurring within the Site and Services, We reserve the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
    5. Force Majeure: We will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
    6. Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
    7. Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by Us of any of the Terms shall be effective unless We expressly state that it is a waiver and We communicates it to the User in writing.
    8. Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Our prior written consent. These Terms, and any rights and licences granted hereunder, may be assigned by Us without restriction.
    9. Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    10. Jurisdiction and Applicable Law: These Terms, use of this Site, the Services and any dispute arising out of any User’s use of the Site or Services is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the courts of New South Wales. The Site may be accessed throughout Australia and overseas. We make no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If a User accesses the Site from outside Australia, it does so at its own risk and are responsible for complying with the laws in the place where he/she accesses the Site.
    11. Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between Us and each User, and supersede any prior agreement, understanding or arrangement between Us and each User, whether oral or in writing.

For questions and notices, please contact:

HouseSettled  – ABN 21 619 824 421
Level 2
194 Varsity Parade
Varsity Lakes
Gold Coast
Queensland, 4227
Phone: 1300 559 441
Email:

Last updated: May 2019

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