General Terms of Use of Website

Contractual Terms of Use of www.rightcost.com

website (“the Website”)

 

By clicking on the “I agree” □ box to these General Terms of Use of Website, you agree to all of these Website Terms and Conditions of Use without reservation and continued use of the Website will include acceptance of the Website Terms of Use in force from time to time.  These terms and conditions apply for browsing and/or otherwise accessing any content or data on the www.rightcost.com

website.

If you do not agree to all of the provisions contained in these Website Terms and Conditions of Use, DO NOT use the Website or associated links that redirect to the Website.  We reserve the right to revise and update these Website Terms of Use at any time.  Please periodically review these General Terms of Use of Website.  Your continued use of the Website after we post a variation or update is deemed to be acceptance of and agreement to any revised Terms of Use of Website.

RightCost operates as both a finder and facilitator seeking to match the needs of Buyers with Sellers.  RightCost Pty Ltd A.C.N. 164 279 225 is a registered Estate Agent in the State of Victoria No 075347L and operates as sole agent for the seller only when the Sales Authority has been accepted by the Seller and Seller has appointed RightCost as their Estate Agent to sell their property.  Where an Estate Agent is shown in connection with the relevant property, that Estate Agent acts on behalf of the Seller.

RightCost observes the Australian Privacy Principles.  Please also see our Privacy Policy.

 

General Terms of Use of Website

  1. RightCost Pty Ltd ACN 164 279 225 owns and operates the website located at www.rightcost.com 
  2. RightCost is a registered real estate agent and Agent of the Seller, where appointed.
    1. The Website is a platform for a Seller of property in Australia to offer the property for sale by Online Private Sale or Online Auction via the Website, and for Buyers and Bidders to register their interest and make bids to buy the property from anywhere.
    2. The Website will include an online residential property auction portal for Registered Users.
    3. RightCost services are provided to you on the Terms and Conditions set out herein together with any other Terms and Conditions, rules, guidelines and policies of RightCost, stipulated on the Website from time to time.

 

  1. DEFINED TERMS

Defined terms are capitalised and found in the Dictionary.

 

  1. GENERAL

For the avoidance of doubt, nothing in this paragraph requires you to create an account in order to be bound by these Terms and Conditions, and your use of the Website constitutes your agreement to these Terms and Conditions.

The services offered on this Website are available for use and/or purchase only by those persons over 18 and who have full capacity to enter binding contracts.

Property displayed on this site is located in Australia and certain dealings in such property are restricted to those permitted to do so under the relevant laws of Australia. RightCost will not be liable for any loss or damage which occurs because you are unable or not permitted to complete a transaction within this Website because you are prohibited by the laws of Australia from doing so.

 

  1. PERMITTED LICENSED USE

RightCost grants you a revocable licence:

(a)    to download and view the web-page content contained on this Website;

(b)   to make copies of a reasonable portion of the content contained in this website by electronic or physical means;

(c)    to transmit copies or pages of such reasonable portions to third parties;

solely or for the dominant purpose of use in connection with the evaluation of property for purchase or sale.

 

  1. IMPERMISSIBLE USE

You agree that you will not seek to make use of the Website or any function or service connected with the Website:

(a)    for purposes other than the permitted Licensed Use in clause 3;

(b)   damaging or introducing code which adversely affects the operation of the Website;

(c)    seeking to access parts of the Website with a password other than a current password that has been allocated to you by RightCost;

(d)   purporting to act within the website or represent yourself as a person other than a genuine Seller, a Registered User, a Buyer or a Bidder;

(e)    entering any part of the Website to add, delete or alter data or any operating code which you have not been authorised to do;

(f)     introducing any code, worm, virus, cookie or other executable or any computer program which has the effect of copying or monitoring use of the Website outside the Permitted Use.

 

  1. ABOUT YOUR INFORMATION AND DETAILS

If you are entering information on behalf of any other person (including a company or a trust) you must identify that other person.

All information provided by you when accessing any part of this Website is referred to in these Terms and Conditions as “Your Information”.  When you provide Your Information you are representing and warranting that it is true and correct and are agreeing to indemnify us for any losses, costs and expenses or damages that we may suffer if any of this information is not correct.

When you decide to purchase any goods from this site, your payment is arranged directly with our bankers, ANZ Bank, our payment portal E-way through a secure link to the relevant financial institution.  We do not hold, nor do we have any access to your credit card details.

RightCost subscribes to the Australian Privacy Principles set out in its Privacy Policy.  

You should review our Privacy Policy for further information concerning the collection and usage of Your Information.  You grant us the right to disclose aspects of Your Information provided we observe our Privacy Policy.

If any of Your Information is incomplete or inaccurate we reserve the right to decline any offer to purchase goods or services and terminate your access to all or any part of the Website.  Australian criminal law also prohibits unauthorised copying, unauthorised access to computer networks and destruction of data in certain circumstances including where access is denied for a lawful reason. 

Our Privacy Policy includes that we may be obliged to disclose information to a law enforcement agency or government authority authorised to compel production of such information under Australian law that is investigating any breach or suspected breach of any law in any jurisdiction including your identity or other information provided by you to this Site, upon being requested to do so by that law enforcement agency.

 

  1. ORDERS

If you place an order for any services (such as search reports or certificates, advertising or any ancillary property services) or goods (such as sales materials) it is deemed and constitutes an offer by you to purchase the quantity of services or goods (as the case may be) for the price (including the delivery and other charges) specified on this Website at the time you place your order.  We reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any service or goods, an error in the price or the product description posted on this Website, or an error in your order. 

Prices of services, goods and delivery and other charges displayed on this Website are current at the time of issue, but may change at any time and are subject to availability.  The availability of services or goods may change from time to time.

We retain title to the goods you order until you have made payment in full for those goods, but all risk in the goods will pass to you on dispatch from our suppliers.

 

  1. GST

All prices are GST inclusive, but you are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, or any tax imposed by any government or government authority on any products or services acquired or ordered by you from this Site.

We will provide you with a tax invoice for GST purposes at the time you make your order.  If your order is for an amount over $1,000.00 and you wish to claim input credits on any GST, you must provide us with your Australian Business Number (“ABN”) if you wish to receive a valid tax invoice.

 

  1. REFUND

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.

 

 

  1. REGISTERED USER PROVISIONS

Registered Users are those of our customers who have agreed to Registered User Terms and Conditions including the provision of personal information for the purposes of verifying identity as the Seller or entitlement to negotiate for the purchase of Australian residential property as the Buyer.

 

  1. TERMINATION

We reserve the right to withdraw your capacity to purchase goods and services from this Website at any time without notice.  All rights and remedies of either party accrued at the time of termination and all disclaimers and limitations of liability will survive termination.

 

  1. RightCost COPYRIGHT, TRADE MARKS AND OTHER INTELLECTUAL PROPERTY

The contents and design of the Website, including all coding, compilations of data, text, images and audio and video files, which is protected by copyright laws or constitutes a trade mark (whether or not it is a registered trade mark) is proprietary to RightCost or our content providers.

You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the Website and/or publications by us or our content providers without our express prior written permission or the permission of the relevant copyright owner.

You acknowledge that any breach by you of this paragraph may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this paragraph, we may seek injunctive relief against you.

 

  1. GENERAL DISCLAIMERS

The Website is provided on an 'as is’, ‘with all faults’ and ‘as available' basis and to the extent permitted by law all warranties of any kind, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, warranties of title or non-infringement, or warranties arising from course of dealing or custom of trade are expressly disclaimed. We make no representation or warranty that any content of the Website is accurate, complete, appropriate, reliable or timely.

RightCost makes no representation or warranty that your access to and use of the Website will be uninterrupted, secure, error-free, free of viruses or unauthorised code or other harmful components.

We reserve the right to discontinue operating the Website at any time without notice. We rely on the suppliers listed in our directories to provide accurate information.  We do not examine, determine or warrant the good standing, certification and/or licensing, competence, solvency or information of any professional or facility listed in our directories.

Use of our directories to locate a professional or facility is wholly at your own risk. We recommend that you check the solvency, insurances, certification and/or licensing of any professional or other service provider with the applicable licensing Board or authority.

The appearance of any product, service or web site link on the Website does not imply endorsement, approval or warranty by us and we disclaim all liability with regard to any such products, services or web site links.

The sections in these Terms of Use of Website headed Copyright and Trade Marks and other Intellectual Property, General Disclaimer, Disclaimer, Indemnification, Waiver, Release and Limitation of Liability and Third Party Rights and the first paragraph of the section headed User Submissions will survive the termination of this agreement.

 

  1. YOU MUST CHECK FOR VIRUSES AND BUGS

Information (including any file) obtained from or through this Site is not represented nor can it be relied upon to be free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses.  You expressly agree that we will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information.  To the extent that any applicable law that cannot be excluded imposes any liability on RightCost, that liability shall be limited to the cost of re-supplying that information.

 

  1. RELEASE AND INDEMNITY

You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have against us, our related bodies corporate, directors, employees and agents which are connected with, arise out of, relate to or are incidental to any transaction.

You hereby agree to indemnify, defend and hold us, our related bodies corporate, directors, employees and agents harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by us, our related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of our or their actions or powers as described in these Terms of Use of Website including the legal costs, fees and expenses of defending ourselves and themselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

 

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any breach of these Terms of Use of Website by you or your servants or agents or any activity by you or them related to your service account (including infringement of third parties' intellectual property rights) whether using password, credit card details and User ID of any intellectual property or other right of any person or entity.

 

  1. LIMITATION OF LIABILITY

RightCost will not under any circumstances be liable for any direct, indirect, incidental, special or consequential damages, resulting from your use or your inability to use this Site or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this Site or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on this Site, including but not limited to, damages for loss of profits, loss of opportunity, use, data or other intangible, even if RightCost has been advised of the possibility of such damages.

Where any law of any place implies in these Terms of Use of Website any term, condition or warranty, and that law avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Website Terms and Conditions but the liability of RightCost for any breach of such term, condition or warranty shall be limited, at RightCost’s option, to any one or more of the following:

  1. if the breach relates to goods:
                      (i) the replacement of the goods or supply of equivalent goods;

                              (ii) the repair of such goods;

                              (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

                              (iv) the payment of the cost of having the goods repaired; and

  1. if the breach relates to services:
      1. the supplying of the services again; or
      2. the payment of the cost of having the services supplied again;

but so that the total cost to RightCost does not exceed the original price of the goods or services.

 

  1. DISPUTE RESOLUTION

In the event of a dispute arising concerning the interpretation of these Terms of Use of Website or of the parties' rights or obligations ("Dispute") the procedure set out in this clause must be followed unless the parties agree otherwise.

Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists ("Dispute Notice").

The Dispute Notice must provide the recipient with good and sufficient particulars of the matters in Dispute.

 

The parties will use their best endeavours to resolve a Dispute pursuant to a Dispute Notice according to the following timetable:

    1. within 5 business days of receipt of the Dispute Notice, the parties shall hold discussions in good faith with representatives with the authority of each respective party to resolve the Dispute;
    2. if the Dispute is not resolved within 20 days of the discussions referred to in the previous sub-clause or if the discussions referred to in the previous sub-clause have not begun within the 5 business day period, the parties to the Dispute shall refer the matter to mediation;
    3. within 5 business days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by the President for the time being of the Law Institute of Victoria;
    4. the costs of any mediation under the preceding sub-clause are to be borne equally by the parties to the Dispute;
    5. the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and
    6. any mediation that takes place pursuant to the operation of this clause is to take place in Melbourne, Australia but may take place by means of electronic communications provided representatives of the parties to the Dispute and the Mediator are able to hear, see and exchange documents in real time.

Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.

 

 

  1. GENERAL

You may not assign or transfer any of your rights or obligations under these Terms of Use of Website without our prior written consent.

Our relationship with you under these Terms of Use of Website is one of independent contractors and any relationship of partnership, joint venture, principal and agent or any fiduciary relationship is expressly disclaimed.

We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the “Contact Us” facility on the Website. Any formal notices or communications should be sent to our postal address set out at the beginning of these Terms of Use of Website.  A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice.

If any clause or provision of these Terms of Use of Website is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms of Use of Website are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms and Conditions without affecting the enforceability of all remaining clauses and provisions.

These Terms of Use of Website are governed by the laws of Victoria, Australia and you agree to submit to the non-exclusive jurisdiction of the Courts of that State and all Courts of Appeal of those Courts.

 

  1. DICTIONARY

Auction Rules are the rules governing the conduct of an Auction according to the laws of the place where the property is situated;

Bidder means a person who has agreed to the Auction Rules for the purposes of participating in an Online Auction;

Browser means a user of the Website permitted by the licence contained in these Terms of Use of Website to view information posted to it;

Online Auction means an auction of residential property conducted within the Website in accordance with the Auction Rules;

Property means any real property or interest in real property offered or agreed to be offered by a Seller on the Website being ”Real Estate" as defined in Section 4 of the Real Estate Agent’s Act 1990 (Vic.);

Purchaser means the Registered User whose offer to purchase the Property is accepted or the successful Bidder following an Online Auction that enters into a Contract of Sale with you as Seller to purchase the property;

Registered User means any person who has agreed to:

    1. Registered User Terms and Conditions;
    2. Advertiser Terms and Conditions;
    3. Buyer and Bidder Terms and Conditions.

Response Times means:

    1. in the case of search services, those periods specified by the search providers;
    2. in the case of advertising services, a period of twenty-one days following placement of a written order for that particular service;
    3. 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;
    4. in the case of Sale Services, a failure or breach of the terms set out in the Sale Authority;
    5. 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 assignees;

Seller means a person who appointed RightCost as its 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 and any other website operated or maintained by RightCost from time to time;

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

 

Last updated on 28 December 2017.