Terms and Conditions

As a user of this site, your use of it, including selling, buying or renting on this site and other linked “No Agent” sites operated by us (collectively, the “No Agent Business site”) is subject to the terms set out in these Terms and Conditions (“Terms”).

About the No Agent Business site

(a) The No Agent Business site is an online advertising medium that advertises properties and businesses for sale or rent where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale or rent privately.

(b) The terms set out in the following paragraphs apply generally to all users to the No Agent Business site (including registered users and browsers of the No Agent Business site). We recommend that you carefully read these terms before you use the No Agent Business site.

Copyright

Copyright in the content on the No Agent Business site and in the No Agent Business site itself (as a compilation of information) is owned by us, our advertisers or content suppliers.

Transactions between sellers and buyers

We are not an agency and are not involved in the actual transaction between sellers and buyers. We are merely a passive conduit for the on-line distribution and publication of information about items advertised for sale or rent. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the No Agent Business site, the accuracy or truth of any advertising listings on the No Agent Business site or the ability of sellers and buyers to actually enforce or complete a transaction.

Placing an ad

1) If you place an advertisement (“ad”) on the No Agent Business site you must also comply with the following rules;

a) Ad Titles and descriptions must not include contact information such as your name, telephone numbers or email addresses.

b) You must not include pricing information within ad titles or descriptions. Pricing must only be entered into the pricing field.

c) You must not use offensive language or profanities.

d) Ads must not infringe third party intellectual property rights. Any alleged infringements of the intellectual property rights of a third party will result in the removal of the ad.

e) The item must be described accurately and honestly in the ad. Misrepresentation can include:

f) listing ads in inappropriate categories

g) entering keywords in the title or description that do not appropriately describe the item

h) identifying an inaccurate location of the item.

2) If we place an advert on the No Agent Business site on your behalf we have done so on your specification and it is your responsibility to check the ad for accuracy in the description and other significant details.

3) To the extent that you are legally able to, you hereby assign all copyright in your ad to us.

4) You grant us and our related bodies corporate a royalty free licence to use, reproduce, modify, adapt and sub-license any content you provide to us.

Usage rules

You warrant to us that you will not use the No Agent Business site for any purpose (including if you are a seller, placing an ad) that is unlawful or prohibited by the Terms.

1) You must not:

(i) data mine or conduct automated searches on the No Agent Business site or the content on the No Agent Business site, whether through the use of additional software or otherwise;

(ii) incorporate any of the content on the No Agent Business site with any other material, including advertising or promotional material;

(iii) create HTTP links from the No Agent Business site to any other website on the Internet, or frame or mirror the No Agent Business site without our prior written consent;

(iv) use the No Agent Business site or any facilities available on the No Agent Business site for any activities (including placing an ad), or transmit to or via the No Agent Business site any information or material which:

1. breaches any laws or regulations;

2. breaches the Terms;

3. infringes a third party’s rights (including intellectual property rights and rights of privacy) or misuses another person’s confidential information;

4. is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or otherwise inhibits others from using or enjoying any of our sites (including discussion forums);

5. is false or misleading;

6. is an unsolicited commercial electronic message;

7. impersonates another person (for example, by pretending to be someone else when you register as a member) or uses another user’s account without permission; or

8. identifies a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority;

(v) make unauthorised modifications to the content on the No Agent Business site;

(vi) knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the No Agent Business site; or

(vii) attempt to do, or permit another person to do, any of the above acts.

2) You may download and print individual advertising listings from the No Agent Business site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the No Agent Business site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the No Agent Business site for commercial purposes or for commercial gain.

3) It is your responsibility to notify us upon the sale of the item in your ad to ensure that the ad is removed from the No Agent Business site.

Displaying Personal Details on Third Party Portals

Third party portals prohibit all agents from advertising owner’s personal details such as names, phone numbers and emails. As the result of this, no personal details will be advertised in the ads. All ads advertised on third party portals will have our agency details.

Our right to alter or withdraw your material

We may withdraw or alter any material you provide us if:

(a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; or

(b) we are instructed to do so by any third party.

We also reserve the right to select, edit, condense, determine the duration of, change the nominated “category” of, withdraw or refuse your ad.

(c) you have not updated your listing for a period of more than 90 days.

Customers are required to update their listings at least once every 3 months (recommended at least once a month). When your listing(s) are not updated for 90 days, we reserve the right to remove them from our site, with warning, due to inactivity.

Communications to you

(a) Any communications or notices we send you in relation to your transactions or use of the No Agent Business site are not intended to endorse or guarantee your transactions. We do not endorse or approve any information provided to you by other users of the No Agent Business site and it is your responsibility to exercise caution on the No Agent Business site.

(b) You may receive service related emails from us and such messages will not include a functional unsubscribe facility.

Manipulation and improper use

You may include only one link in your ad on the No Agent Business site. The one link must be directly related to the property or business advertised and cannot in any way be referring to a competitor website of the No Agent Business site.

Fees

Notification of Fees:

We will inform you of the fees payable for your use of the services available on the No Agent Business site. These fees will be communicated to you through the website, via email, or other direct communication methods.

Responsibility for Payment:

You are responsible for paying all fees associated with your use of the services provided by the No Agent Business site. This includes fees for any additional services or third-party website packages you choose to use.

Non-Refundable Fees:

By using our services, you agree to pay the applicable fees as notified to you prior to purchase. These fees cover the cost of providing marketing and listing services through the No Agent Property platform and, where applicable, on third-party websites.

We do not refund fees unless we have a legal obligation to do so. We have no such obligation if:
(a) You change your mind after purchasing a marketing package;
(b) You no longer wish to proceed with the sale, lease, or advertising of your property or business; or
(c) You sell, rent, or otherwise dispose of the property or business independently or by other means.
(d) Our services commence on payment and us providing access to our tools, platforms, or third-party advertising.

However, you may be entitled to a refund or remedy in the event that our services fail to meet the consumer guarantees set out in the Australian Consumer Law (e.g. if the service was not delivered with due care or skill, or was not as described).

If you believe there has been a fault or issue with the delivery of our services, please contact us in writing so we can review your case in line with our legal obligations.

Changes to Fees:

We reserve the right to change our fees at any time. Any changes to the fees will be communicated to you in advance, and the new fees will apply to all services used after the notification period.

Payment Methods:

We accept various payment methods, which will be indicated on our website. You are responsible for providing accurate and complete payment information and ensuring that your payment method is valid and up to date.

Late Payments:

If you fail to pay the fees by the due date, we may suspend or terminate your access to the services until the outstanding fees are paid in full. Additional late fees or charges may apply.

No Warranty

(a) We take all reasonable care in compiling our print and online advertising. However, the information in our publications and on the No Agent Business site is provided ‘as is’ and we do not warrant or represent that it is complete, current or free from errors or omissions.

(b) We accept ads in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ads on the No Agent Business site or in any of our print publications will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any property or business advertised on the No Agent Business site or in any of our print publications. It is your responsibility to verify any information on the No Agent Business site or in any of our print publications, or provided to you by other users of the No Agent Business site before relying on it.

(c) We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the No Agent Business site. However, availability of our services and access to the No Agent Business site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the No Agent Business site will be continuous, uninterrupted, timely, fault free, virus free or secure.

Our liability to you

a) The terms that apply to our supply of the No Agent Business site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.

b) We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:

(i) we are not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the No Agent Business site, including in relation to transactions entered into with other users of the No Agent Business site;

(ii) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);

(iii) we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and

(iv) we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).

(v) we are not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.

c) You release us and our related bodies corporate from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the No Agent Business site.

Your liability to us

You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.

Termination, suspension and limitation of your access

(a) We may bar, suspend, terminate or limit your access to the No Agent Business site at any time if you are in material breach of the Terms and:

(i) we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or

(ii) the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the No Agent Business site immediately by telling you).

(b) If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing a further ad under another account name or pseudonym. If we identify that this has taken place the ad will be immediately removed without further notice to you and you will forfeit all fees paid.

Our other rights to terminate, suspend or limit your access

We may suspend, terminate or limit your access to the No Agent Business site with as much warning as we reasonably can, if:

(a) we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the No Agent Business site (including credit risk resulting from you not paying any fees owed to us on time);

(b) the law requires us to do so;

(c) we believe on reasonable grounds that providing access to the No Agent Business site to you is illegal or may become illegal;

(d) there is an emergency; or

(e) we have received a serious complaint or multiple complaints regarding your activity and/or membership.

Other websites

(a) The No Agent Business site may contain links to other websites which are not maintained or controlled by us or our related companies. These sites are not part of the No Agent Business site. Any links are provided by us solely for your convenience.

(b) We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the No Agent Business site and do so entirely at your own risk.

(c) We take no liability, make no representations or warranties whatsoever, for any person/business/company/robot who has accessed or copied any data or advertisements from our website for any other purpose.

Partner websites

1) No Agent Property uses third party sites to advertise properties and businesses for sale or rent and must adhere to the terms and conditions imposed by third party sites. By listing your property or business with No Agent Property site you accept the terms and conditions of all third party sites where you listing is advertised on.

2) No Agent Business may be reliant on other websites (partner sites), for other packages made available to our customers. No Agent Business subscribes to and pays fee’s to be able to provide these services and may have individual agreements with our partner sites. No Agent Business takes no liability if any changes, disruption or cancellation of any agreements or services provided by any of its partner sites occur. If in the event your advert is disrupted or enabled, any pre-paid fees from our customers to No Agent Business are non-refundable. You indemnify No Agent Business from any actions on your behalf should No Agent Business be unable to provide access or continued advertisements, to any of its partner sites at any stage.

3) If we place your advert on any third party or partner site, we have done so on your specification and it is your responsibility to check the ad for accuracy in the description and other significant details and report any discrepancies to us by email or in writing.

4) To the extent that you are legally able to, you hereby assign all copyright in your ad to us.

5) You grant us and our related bodies corporate a royalty free licence to use, reproduce, modify, adapt and sub-license any content you provide to us.

No offer where illegality arises

Nothing on the No Agent Business site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

Changes to the Terms

a) From time to time, we may need to change the Terms to reflect our changing business. We may also need to change the Terms if we are required by law, for security reasons or for technical or infrastructure reasons.

b) We may change the Terms (including any policy incorporated in the Terms) at any time by posting the changed Terms on the No Agent Business site and by posting a notice to users on our homepage stating that a change has occurred.

Miscellaneous

(a) We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by the Terms.

(b) If any of the Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

(c) If we do not act in relation to a particular breach by you of the Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of the Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

(d) The Terms (and your dealings with us) are subject to the laws of Victoria, Australia.