Terms & Conditions

1. ABOUT THIS AGREEMENT

1.1. This Agreement comprises the following parts:
(a) the electronic application form for the Services available on the online agent portal (Application Form);
(b) these terms and conditions (as amended by AV Properties from time to time);
(c) the general Terms and Conditions of Use for the Website located at htps://avproperties.xyz/terms-and-conditions/ (as amended by AV Properties from time to time); and
(d) any other document provided to you by AV Properties expressed to form part of this Agreement.

1.2. If there is an inconsistency in a provision in the parts of this Agreement, then the provision in the part that is listed higher in clause 1.1 prevails to the extent of the inconsistency, unless otherwise indicated in this Agreement.

2. SERVICES

2.1. The Services provide you with the functionality and platform to enable you to list your properties for sale or lease on the website located at www.AV Properties.com.au. Please note that the features and functionality that may be available as part of the Services or that are available on the Website may be different depending on the device or application used to access the Services or the Website (eg desktop vs mobile).

2.2. You may apply for a Service through the Application Form. AV Properties may, at its sole discretion, accept or reject any Application Form submitted for a Service. A separate Agreement is created between AV Properties and you for each Application Form that is accepted by AV Properties.

2.3. You acknowledge that your real estate listings software provider may take all action necessary for your listings to be transferred to AV Properties and uploaded to the Website.

2.4. If AV Properties decides, or is required, to modify or exit a Service (or part thereof), then AV Properties may, on reasonable notice to you: (a) transfer you to the modified service or an alternative service; or (b) cancel the Service. If the service to which AV Properties proposes to transfer you to is materially detrimental to you, then you may cancel the service, but you will not be entitled to any refunds or reimbursements of any Fees and charges paid for or in connection with that service.

3. AV Properties’s COMMITMENT TO YOU

3.1. AV Properties will:
(a) provide the Services with due care and skill, but does not guarantee that they will be continuous or fault free; and
(b) use suitably qualified personnel to provide the Services.

3.2. AV Properties does not guarantee, represent or warrant that:
(a) you or users of the Website will have continuous access to the Website;
(b) the Services will be complete or free from all viruses, defects or errors. You acknowledge and agree that the existence of any defects or errors in a Service does not constitute a breach of any agreement between you and AV Properties; and
(c) any information supplied or accessed using a Service is correct and complete or sufficient for your intended use.

3.3. AV Properties will not be liable in the event that the Website is unavailable for any reason, including but not limited to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.

4. YOUR COMMITMENT TO AV Properties

4.1. You are solely responsible for:
(a) obtaining any telecommunication services and infrastructures (including Internet access) required to access and use the Services; and
(b) ensuring that any communications through the Internet (including emails) is appropriately secured in transit and during delivery of such communications. AV Properties may use industry available encryption technology that is designed to encrypt communications to the Website, but you agree that AV Properties is not liable in any way for the security or otherwise of any such communication.

4.2. In using the Service, you must:
(a) ensure the Submitted Materials are provided in the form required by AV Properties from time to time and contain the correct property and do not contain any information which you would not otherwise be permitted to publish through AV Properties;
(b) only submit material to AV Properties by a method pre-approved by AV Properties (such as via an authorised XML provider);
(c) comply with all policies specified or otherwise notified by AV Properties to you from time to time, including all policies set out in the Website;
(d) provide AV Properties with such assistance as is reasonably necessary to provide you with the Service;
(e) notify AV Properties in writing if you change any information required by AV Properties to provide a Service;
(f) provide and update from time to time all hardware and software necessary to use a Service;
(g) train your personnel in relation to the use of a Service and ensure your personnel comply with this Agreement;
(h) pay any telecommunication charges incurred by you; and
(i) assess the accuracy, reliability and completeness of any information obtained through a Service.

5. SPECIFIC TERMS RELATING TO LISTINGS

5.1. In using the Service, you must:
(a) only list real property for sale or lease;
(b) only list properties which are presently available for sale or lease and which you have been authorised to market for sale or lease;
(c) not include any promotional web addresses or other promotional material that is not directly related to your listing and your services to lease and sale the property that is the subject of that listing;
(d) not include any information that relates to a business or service that directly or indirectly competes with AV Properties and its related bodies corporate;
(e) ensure that any Submitted Material in respect of a property, accurately represents the property in question and is free from borders, watermarks (unless otherwise allowed as an exception by AV Properties), agent location or contact details;
(f) accurately indicate the location of the property being listed;
(g) immediately remove any properties which are no longer for sale or lease (for example properties which have been sold, leased or withdrawn from the market);
(h) only list each property for sale or lease once on the Service;
(i) provide to AV Properties in respect of each property at least the minimum required fields for publication, as set out in clause 6 of this Agreement and/or the Website;
(j) ensure that you only list sale and rental listings for which you have been appointed by a vendor or lessor to sell and rent the relevant property; and
(k) only list one listing per property lot address.

5.2. AV Properties will not to the full extent permitted by law, be liable for error, misplacement, amendment, omission or failure to publish any listing.