TERMS AND CONDITIONS
The www.onlinepropertysales.com.au website is owned and operated by Online Property Sales. These below terms and conditions relate to DIY advertisers and Online Assisting Agent services. Our Professional Full Agent services are covered under the Property Occupations Act 2014.
- The material on the Website is copyright of OPS.
- The Listing fees advertised on the Website are charged once and include all administration including creating online advertising campaigns. All Charges are in Australian Dollars and are Inclusive of GST.
- Information on the Website does not include professional legal, financial or real estate advice and we recommend that as purchaser or vendor of real estate, that you should obtain independent professional advice prior to entering into any binding property transaction.
- OPS reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it.
- The Website contains links to sites on the Internet, owned and operated by third parties and which are not under the control of OPS. In relation to the other sites on the Internet, which are linked to the Website, OPS:
1. provides the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by OPS of the linked site; and
2. is not responsible for the material contained on those linked sites.
- OPS may terminate access to the Website or any third party website at any time without giving any explanation or justification for the termination of access, and OPS has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website or any third party website.
- You will at all times indemnify and keep indemnified OPS and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by OPS arising from any claim, demand, suit, action or proceeding by any person against OPS where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Access by you; and publication of or distribution of information supplied by you.
- Any information regarding the property including all information and photos of your property being sold or leased on or via the Website you:
1. grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the information in any form and for any purpose;
2. In this regard you will submit/upload a rates notice or copy of title and a photo ID identifying you as the owner of the property being advertised. If you are not the owner of the property you will need to explain to OPS satisfaction your relationship to that property.
3. Understand that the content of the advert including all wording and photos is listed under the OPS license and as such OPS has the final say as to what content is displayed and how it will be displayed. We reserve the right to amend and change the advert without your approval or consent.
- We reserve the right (but have no obligation) to:
1. review, modify, reformat, reject or remove any information which you upload, post, transmit or otherwise make available in our opinion, violates the Terms of Access or otherwise has the potential to harm, endanger or violate the rights of any person; and
2. monitor use of the Website, and store or disclose any information that we collect, including in order to investigate compliance with the Terms of Access or for the purposes of any police investigation or governmental request.
- Any property advertised for sale or for lease via the Website must be removed:
1. Within 48 hours after the property has been sold or leased ( In this regard you agree to notify OPS when the property is sold or leased) , or
2. We do not allow short-term (less than 3 months) “For Lease” adverts or share accommodation adverts. We reserve the right to remove any advert that suggests the above.
- If any part of these Terms of Access is found to be void, unlawful, or unenforceable then that part will be severable from the balance of these Terms of Access and the severed part will not affect the validity of any remaining provisions.
- Limitation of services. You hereby further acknowledge that:
1. OPS assists you to conduct a private sale / private lease of your property by providing marketing services and does not act on behalf of you in relation to the sale or lease transaction.
2. In all cases OPS does not act on behalf of the seller in relation to a sale or lease and therefore will not conduct a preliminary physical inspection of the property.
3. You are the owner of the property that you are using the services of OPS to list or if you are not the owner, you have legal permission (to the satisfaction of OPS) to list the property on behalf of the owner. You will be required to give a written and signed General Marketing Authority to OPS to market the property and understand that your property will not be listed until OPS is satisfied as to your relationship to the property and your compliance of all these terms. We verify ownership of the property against the title and will only list a property with the address and suburb as displayed on these documents. Proof of your identity will also be requested.
4. Vendors in the state of NSW and ACT are required to be in possession of a valid ‘Contract of Sale” prior to commencing any online advertising.
- OPS is not responsible for listings, information or any other listing data that may be published on other third-party websites (not included as a part of our service) such as onthehouse.com.au and similar. These websites are aggregator or historical data websites that scrape information from Real Estate portals such as realestate.com.au to provide their users with comparable sales data and other information. If you wish to have your property removed from these third-party websites, you must contact the website directly and ask them to have it removed.