Advertising Terms and Conditions

About these Terms and Conditions

 

A.         RightCost Pty Ltd ACN 164 279 225 (RightCost) owns and operates the website located at www.rightcost.com (“the Website”).

B.         RightCost is a registered real estate agent in Victoria.

C.         The Website is advertising and classifieds platform for an Owner, Vendor, Agent or Developer of Property (“the Seller”) in Australia to offer the Property for sale by Online Advertising on the Website, and for purchasers (“the Buyer”) to buy the Property by private arrangement between the Seller and the Buyer.

D.         The Website is a platform for the Seller of Property in Australia to offer the Property for sale by Online Auction or Online Private Sale via the Website, and for Buyer to register interest and make offers and/or bids to buy the Property via the Website.

E.         RightCost services are provided to you on the Terms and Conditions set out herein together with any other rules, guidelines and policies of RightCost, stipulated on the Website from time to time.

F.         RightCost is not a member of the Real Estate Institute of Victoria (“REIV”). These Terms and Conditions of Use reflect the terms for the appointment of agents who are non-members of REIV.

 

Defined terms are capitalised and found in the Dictionary below.

 

Advertising Authority

You, as the Seller (and, if there is more than one Owner / Seller, the Seller represents and warrants it has the authority and consent of all the Owners / Sellers to enter this agreement on behalf of all of the Owners / Sellers jointly and each of them severally)

 

HEREBY ENGAGE AND APPOINT

 

RightCost

of PO Box 250, Kew, Victoria, 3101, Australia Licensed Estate Agent No 075347L, to be our estate agent for the purpose of providing a classifieds portal for Advertising residential property.

 

Advertising on RightCost platform and the Website:

For a period of three months from when advertising is first published on the Website, or until the property is sold, whichever is sooner. 

The Advertising Only service is free for all RightCost customers and you will need to only pay for any of optional packages you may select to help the sale of your property.  These packages are listed on the bottom of these Terms & Conditions.

If your property is not sold within the 3-month period, you have the option of extending for a further 3 months or may choose to sell your property on the Website via our Online sales processes. 

Fees for these services are set out in the Seller Terms & Conditions - Victoria.

  

Agreed Terms

1.Real Estate Property Listing for Advertising residential property

1.1       You must register on the Website to become a Registered User, in order to advertise your Property on the Website, and the General Terms of Use of Website and Registered User Terms and Conditions apply equally to your use of the Website as the Seller intending to use RightCost classifieds portal for advertising residential property.

 

1.2       To register, you must enter details as listed below for Equifax online ID verification (but we will use and hold strictly in accordance with our Privacy Policy) your:

a)     Full legal name;

b)     Residential address;

c)     Contact phone number;

d)     Email address;

e)     One of either Driver License or Passport;

 

If you are not successful in Equifax ID check, we will verify your ID manually and, in addition to above, you will also need to provide 100-point ID check requirements, which is at least one of:

f)      Medicare card;

g)     Bank card;

h)     Utility bill with your full name and address;

i)       Council rates notice;

 

To complete 100 points of ID.  By agreeing to these Terms and Conditions, you consent to submission of these details for the purposes of ID verification.  We will store your personal details strictly in accordance with our Privacy Policy and they will not be disclosed to any third party without your written consent or as required by law.

                                               

1.3       If you are unable or unwilling to provide the identifying documents referred to in clause 1.2 online, you also have the option to:

                (a)     bring in to RightCost local office for sighting; or

                (b)    post the required certified copies of original documents to RightCost at:

                        P.O. Box 250, Kew, Victoria, 3101, Australia

 

1.4       The effective date of your acceptance of these Terms as part of your registration for the Website, is from the date you click on the "I Accept" button when registering on the Website.

 

1.5       To list your Property in Classifieds section of the Website for advertising, you must provide these minimum details of the features of the Property:

a)     Number of bedrooms;

b)     Number of bathrooms;

c)     Number of car spaces;

 

And we recommend you provide details of other features, including but not limited to:

                            (i)      age of the Property;

                            (ii)     indoor features such as air-conditioning/heating;

                            (iii)    outdoor features such as a back yard or swimming pool;

                            (iv)    details of pool fences and smoke alarms; and

                            (v)     eco features such as water tanks, solar panels.

 

1.6       During or after three months of the advertising period, the Seller has the right to appoint RightCost with Sale Authority Agreement to sell the property online on RightCost via our Online Sales Processes, either Online Private Sale or Online Auction. 

  

2. Other Obligations Regarding Payment of Professional Fees and Refunds

2.1       We will refund to you fees we have charged for goods or services requested and paid for by you, where:

                (a)     the goods and/or services you have requested have not been provided by us to you within the Response Times; or

                (b)    by virtue of a failure of computer networks or of RightCost suppliers, the goods and/or services have not been provided with outside the Response Times in a reasonable time; or

                (c)     where ordered by a court of competent jurisdiction to do so.


Your right to a refund should be read in conjunction with the right of indemnity listed below.

 

3. Warranties and Limitation of Liability

3.1       To the maximum extent permitted by law, RightCost provides the Website and its Services to you without any warranty or conditions whether express or implied.

3.2       RightCost does not guarantee continuous or uninterrupted access to its Services or the Website.

3.3       The website has been developed with the latest security standards and technologies available, however, RightCost does not guarantee 100% non-stop secure access due to unknown circumstances and as inflicted by malicious intent.

 

4. Release and Indemnity

4.1       You release, discharge, indemnify and forever hold RightCost and all of its officeholders, employees, agents, representatives or contractors harmless from all claims, suits, causes of action, demands, proceedings, liabilities, losses, damages, costs or expenses directly or indirectly incurred or suffered by you in relation to:

               (a)        any failure of RightCost to comply with these Terms caused or contributed by your wilful or negligent act or omission or any fact, matter or circumstance that is beyond RightCost's reasonable control or by virtue of to force majeure; and

               (b)        any breach by any Registered User or other third party of these Terms.

4.2       You hereby indemnify, and shall keep indemnified, RightCost and all of its officeholders, employees, agents, representatives or contractors, from and against all claims, suits, causes of action, demands, proceedings, liabilities, losses, damages directly or indirectly, costs or expenses directly or indirectly suffered or incurred by RightCost arising out of your acts or omissions or breach of these Terms by you, including but not limited any breach of the warranties contained in Clause 4 of these Terms.

 

5. Advertisements

5.1       RightCost may place advertisement/s from third parties on the Website alongside any listing or advertisement of your Property (Third Party Advertisement)

5.2       You acknowledge that RightCost holds no responsibility for the content and effect of any Third Party Advertisement.

5.3       The placement of Third Party Advertisements does not form any endorsement, opinion or recommendation by RightCost on or for the advertiser's goods or services.

 

6. Third Party Providers

 

6.1       RightCost may at its discretion, recommend and direct you to retain the services of Third Party Providers in connection with the advertise of your Property by RightCost.

6.2       You acknowledge that:

               (a)            retaining these services are optional and you may choose to use or not use these services;

               (b)            such Third Party Providers are independent of RightCost, and not connected to or related with RightCost and Third Party Provider services are not in any way provided by RightCost; and

               (c)            performance and enforcement of any terms and conditions of the contract/s entered into between you and any Third Party Provider remain your sole right/liability.

6.3       On the acceptance of these Terms, you hereby authorise any Third Party Provider you contract with to release any and all information in connection with your Property to use in the advertisement of the Property by RightCost on the Website.

 

7. Interest on Unpaid Monies

7.1       If any Service Fees is not paid within seven (7) days of the due date for payment, RightCost reserves all rights to charge interest on the unpaid monies at a rate of 15% compounding monthly from the date that payment became due until the date that payment is made.

 

8. Termination

8.1       Without prejudice to any accrued rights or entitlements it may have, RightCost may terminate these Terms and your registration and immediately cease providing any or all of its Services to you at any time without notice.

8.2       Upon RightCost ceasing to provide any of its Services to you or termination of these Terms, all Service Fees incurred and any Agent's Commission become immediately due and payable.

 

9. Waiver

9.1     Any waiver of any of RightCost's rights under these Terms or under the law shall only be effective if communicated in writing.

9.2     Any waiver properly exercised by RightCost on any occasion does not mean that the same right will be waived on any other occasion.

 

10. Privacy Policy

10.1     RightCost has a Privacy Policy which applies to all Registered Users which can be found at Privacy Policy and forms a part of these Terms.

10.2     Your acceptance of these Terms shall be deemed to also be an acceptance of RightCost Privacy Policy.

 

11. Intellectual Property

11.1     You provide RightCost with an irrevocable, non-exclusive, global and royalty-free license to use, produce, re-produce or publish any content and/or material, including but not limited to any text, pictures or other that you provide to RightCost to sell or market your Property.

11.2     Unless we provide you with our prior written consent, you must not:

                (a)     adapt;

                (b)    reproduce;

                (c)     store;

                (d)    distribute;

                (e)     print;

                (f)     display;

                (g)    perform;

                (h)    publish; or

                (i)      create derivative content/material, any pre-existing content and/or material on the Website other than for the purposes of, and subject to the provisions of the Copyright Act 1968 (Cth).        

11.3        Unless RightCost provides you with its prior written consent, you must not use any intellectual property associated with RightCost. If you use any intellectual property associated with RightCost, you must strictly adhere to the terms of such consent.

11.4        Without limiting clause 14.3, you must not use any intellectual property owned by RightCost for any of the following purposes:

                (a)     as part of your own trademarks;

                (b)    to diminish RightCost's trade mark or its rights associated with the trademark;

                (c)     in connection with any services, products or other that are not associated with the online auction of property; or

                (d)    in a manner that may be misleading and/or deceptive.

 

12.      Severance

12.1     If any provision of these Terms do not comply with any law, then the term must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be treated as severable from the rest of these Terms.

 

13.      Goods and Services Tax

13.1     RightCost warrants that it is registered for GST.

13.2     Without limiting clause 3, and unless specified to the contrary, all prices are inclusive of Goods and Services Tax (GST) on the Services provided by RightCost to the extent that they are taxable supplies within the meaning of the A New Tax System (Goods and Services Tax Act) 1999 (Cth).

13.3     If RightCost makes a supply under, or in connection with the Services in respect of which GST is payable, you must pay to RightCost, an additional amount for the GST.

 

14. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria. The parties agree to submit to the non-exclusive jurisdiction of the courts of that state.

 

15.      Entire Agreement
These Terms together with the Privacy Policy and Registered User Terms and Conditions contain the entire understanding between the parties as to the subject matter contained herein. All previous agreements, representations, warranties, explanations and commitments, expressed or implied, affecting this subject matter are superseded by these Terms and have no effect.

 

16.      Dictionary and Interpretation

16.1     Dictionary

In these Terms and Conditions:


Act is the Estate Agents Act 1980 (Vic.) (as amended);


Additional Services has the meaning given to that term by clause 5.1;

 

            Advertising Authority includes "agreement" and/or "authority" and the words "appoint" or "appointed" shall have corresponding meanings;


Browser means a user of the Website permitted by the license contained in these terms and conditions to view information posted to it;


Force majeure means an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following :

 

                (a)     riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not), acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority;

                (b)    ionising radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive assembly or nuclear component;

                (c)     pressure waves caused by aircraft or other aerial devices travelling at sonic or supersonic speeds;

                (d)    earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity;

                (e)     strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labour not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which is specific to the performance of these Terms.

            
GST means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended;


Introduced to the Property means that the person was made aware that the Property was available to purchase irrespective of the source of that information. Without limiting the foregoing a person shall be deemed to have been Introduced to the Property by RightCost if the person became aware that the property was available for purchase as a result of directly or indirectly viewing, hearing or reading any advertisements of whatever nature or medium including any by virtue of the operation of any search engine, website or any boards, documents, or other literature referring to the availability of the Property that were connected to RightCost in any way and whether expressly authorised or created by RightCost or not;


Marketing Expenses are the Marketing Expenses and charges of RightCost and include advertising expenses and other outgoings reasonably incurred in the provision of the Services;


Property means any real property or interest in real property offered or agreed to be offered by a Seller on the Website and includes "Real Estate" as defined in Section 4 of the Act;


Real Estate Agent means an estate agent licensed under the relevant State or Territory laws and regulations.


Registered User means any person who has agreed to the Registered User Terms and Conditions;

 

            Response Times means:

                (a)     in the case of search services, those periods specified by the search providers;

                (b)    in the case of advertising services, a period of twenty-one days following placement of a written order for that particular service;

                (c)     in the case of listing services, a period of no more than seven days following the provision by you of all of Your Information necessary for the listing of the property;

                (d)    in the case of Sale Services, a failure or breach of the terms set out in the Sale Authority;

                (e)     in the case of Auction Services, a failure or breach of the terms set out in the Sale Authority or the Auction Rules.


RightCost means RightCost Pty Ltd ACN 164 279 225, its successors and permitted assigns;


Sale is the result of obtaining a Binding Offer and "sell" and "sold" have corresponding meanings;


Sale Price means the sale price for the Property under the Contract of Sale.


Services means the any or all of the features, functions and facilities offered by RightCost on or via the Website or otherwise.


Seller means a person who appointed RightCost as its advertising agent to offer Property for sale on the Website;


Website means the set of pages, including related functionality and services, accessible through the domains www.rightcost.com maintained by RightCost from time to time;

           

            Your Information means all information provided by you when accessing any part of this Website.

 

16.2    Interpretation

In these Terms, unless the context requires otherwise:

                (a)     words importing the singular include the plural and vice versa;

                (b)    a word importing a gender includes the other gender and the neuter gender;

                (c)     a reference to a person includes an individual, a partnership, a body corporate, a joint venture, an association (whether incorporated or not), a government and a government authority or agency;

                (d)    a reference to a party or a person includes the party's or the person's executors, legal personal representatives, successors, transferees and assigns;

                (e)     an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and severally;

                (f)     an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;

                (g)    a reference to legislation includes any statutory modification or replacement and any subordinate or delegated legislation issued under such legislation;

                (h)    if the day on which anything is to be done is not a Business Day it shall be done on the next Business Day;

                (i)      no provision shall be construed adversely against a party on the basis that these Terms or that provision was prepared by, for or on behalf of that party; and

                (j)      a reference to "$" or dollars means Australian dollars and a reference to payment means payment in Australian dollars

 

 

Item 1. Making of Complaints

Any complaint relating to commission or outgoings can be made to the Director, Consumer Affairs Victoria (CAV) GPO Box 123, Melbourne, Victoria, 3001 or by telephoning 1300 73 70 30. Unless there are exceptional circumstances Consumer Affairs Victoria cannot deal with any dispute concerning commission or outgoings unless it is given notice of the dispute within 28 days of the client receiving an account for, or notice that RightCost has taken the amount in dispute, whichever is later.

 

Item 2. GST and the Price

It is the responsibility of the Seller to advise RightCost at the time of signing this Authority whether the Sale of the Property will or may result in the Seller having to pay GST in relation to the Price.

2.1       If the Seller advises RightCost that GST will be payable on the Price and it is possible to quantify the GST, the Seller authorises RightCost to advertise the Property for sale at a price that is inclusive of GST. If an advertisement includes a price, the Seller acknowledges RightCost will   state the price in accordance with guidelines published by The Real Estate Institute of Australia Ltd. or, if there are no guidelines, in accordance with published requirements of the Australian Competition and Consumer Commission.

2.2       If the Seller advises RightCost that GST may be payable on the Price or if it will not be possible   to quantify the GST payable on the Price until the Property is sold or if the Seller instructs RightCost to sell the Property on the basis that GST will be paid by the Purchaser in addition to the Price then, if in any of these instances an advertisement includes a price, the Seller authorises RightCost to advertise the Property for sale with a clear indication that GST may be payable in addition to the Price, in accordance with guidelines published by The Real Estate Institute of Australia Ltd or, if there are no guidelines, in accordance with published requirements of the Australian Competition and Consumer Commission.

 

Non-Member Agent

RightCost is not a Member of The Real Estate Institute of Victoria Ltd (R.E.I.V.)

2.1       If the Seller advises RightCost that GST will be payable on the Price and it is possible to quantify the GST, the Seller authorises RightCost to advertise the Property for sale at a price that is inclusive of GST. If an advertisement includes a price, the Seller acknowledges RightCost will state the price in accordance with guidelines published by The Real Estate Institute of Australia Ltd. or, if there are no guidelines, in accordance with published requirements of the Australian Competition and Consumer Commission.

2.2       If the Seller advises RightCost that GST may be payable on the Price or if it will not be possible to quantify the GST payable on the Price until the Property is sold or if the Seller instructs RightCost to sell the Property on the basis that GST will be paid by the Purchaser in addition to the Price then, if in any of these instances an advertisement includes a price, the Seller authorises RightCost to advertise the Property for sale with a clear indication that GST may be payable in addition to the Price, in accordance with guidelines published by The Real Estate Institute of Australia Ltd or, if there are no guidelines, in accordance with published requirements of the Australian Competition and Consumer Commission.

 

Level of Advertising Packages

The Seller acknowledges that the level of packages to be acquired via RightCost from third parties has been negotiated and is currently as follows:

 

Zone 1: (Metropolitan)

Diamond Package – Illuminated Sign Board

  • Light board
  • Twilight photography - 10 images
  • 50 x A4 colour brochures and Sold sticker
  • Floor plan and Digital 3D floor plan

Cost:

  • 6x4 feet (180x120 cm) - $1,070 (Inclusive GST)
  • 8x6 feet (240x180 cm) - $1,312 (Inclusive GST)

 

Platinum Package - Standard Sign Board

  • Photo/text board with LED Spot light
  • Premium photography - 10 images
  • 50 x A4 colour brochures and Sold sticker
  • Floor plan

Cost:

  • 6x4 feet (180x120 cm) - $836 (Inclusive GST)
  • 8x6 feet (240x180 cm) - $963 (Inclusive GST)

 

Gold Package - Photos & Brochure

  • Premium photography - 10 images
  • 50 x A4 colour brochures and Sold sticker
  • Floor plan

Cost:

  • $487 (Inclusive GST)

 

Silver Package

  • Premium photography - 10 images

Cost:

  • $192 (Inclusive GST)

 

-        Our suppliers will provide delivery and installation of these packages to the nominated address and this service is included in the prices above.

 

Zone 2: (Regional)

Platinum Package

  • Delivered photo/text flatpack
  • Professional photography - 10 images
  • 50 x A4 colour brochures and Sold sticker

Cost:

  • 3x4 feet (90x120 cm) - $541 (Inclusive GST)
  • 6x4 feet (180x120 cm) - $814 (Inclusive GST)

 

Gold Package

  • Professional photography - 10 images
  • 50 x A4 colour brochures and Sold sticker

Cost:

  • $408 (Inclusive GST)

 

Silver Package

  • Professional photography - 10 images

Cost:

  • $334 (Inclusive GST)

 

 

Last updated on 23 December 2017.