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AGENT in a BOX Terms and Conditions of Service

ALL Users must read and agree to these Terms and Conditions of Service before purchasing products, or using information from this site.

1. Terms of Service

1.1 ACCEPTANCE OF TERMS

1.2 DESCRIPTION OF SERVICE

1.3 TERMS OF MEMBERSHIP & USAGE RESTRICTIONS

1.4 INTELLECTUAL PROPERTY

1.5 PUBLIC CONTENT ON AGENT IN A BOX

1.6 LIMITATION OF RE-USE

1.7 LEGAL RESTRICTIONS

2. REFUND AND REPLACEMENT TERMS AND CONDITIONS

2.1 THE AGENT IN A BOX GUARANTEE TERMS AND CONDITIONS

2.2 PRODUCT REFUND & REPLACEMENT GENERAL TERMS & CONDITIONS

3. FEEDBACK MANAGEMENT PROCESS

 

1. Terms of Service

The following terms and conditions are in reference to the AGENT IN A BOX website (agentinabox.com.au), subsidiary website AUSTRALIAN HOMES FOR SALE (Aushomesforsale.com), and goods and services supplied by AGENT IN A BOX OWNER DIRECT ONLINE PROPERTY CONSULTANTS PTY LTD (ACN 154252623), hereafter referred to as "AGENT IN A BOX". These terms and conditions apply to all sites, services, and resources within AGENT IN A BOX.

AGENT IN A BOX is dedicated to providing support to private sellers of real estate by way of relevant tools and information for marketing residential real estate. Those that sign up to AGENT IN A BOX’s services are hereafter referred to as “members”. Other individuals that visit AGENT IN A BOX or AUSTRALIAN HOMES FOR SALE websites (“sites”) are hereafter referred to as “users”.

You should not depend on information obtained from AGENT IN A BOX for investment or divestment purposes. You should obtain professional independent legal and investment advice before making decisions on selling or buying property. If you misinterpret a concept expressed on this site, you may incur a financial loss as a result of the misunderstanding. Therefore, the information provided on this site should be used in conjunction with professional legal and financial advice. All information is presented solely for educational and informational purposes and should not be considered as instruction for financial decision making in any way.

There are no warranties, either expressed or implied, that the information on this website is accurate and reliable in every given case. There are no warranties as to fitness for a particular purpose other than those explicitly stated. Your use of this site indicates your assumption of the financial risk as a result of investment risks and is an acknowledgment of your own sole responsibility for your investment decisions.

No responsibility is assumed by AGENT IN A BOX for the accuracy or reliability of information regarding the properties contained within this site. All information contained within the site relating to residential properties listed is entered by members. By using this site, the user agrees not to hold AGENT IN A BOX responsible, in the event of any error or discrepancy in the information contained herein.

1.1 ACCEPTANCE OF TERMS

AGENT IN A BOX provides its service to you, subject to the following Terms of Service (referred to as "TOS"), which may be updated by AGENT IN A BOX from time to time without notice. You may review the most current version of the TOS at any time via the website www.agentinabox.com.au. In addition, when using particular AGENT IN A BOX services, you shall be subject to any posted guidelines or rules applicable to such services. Acceptance of these terms and conditions and payment for services described herein are an AGREEMENT between AGENT IN A BOX and the CUSTOMER (hereafter referred to as the ‘Member’).

1.2 DESCRIPTION OF SERVICE

a) AGENT IN A BOX provides users with access to marketing and informational resources including communication and interactive resources pertaining to residential real estate sales delivered through the websites Agentinabox.com.au and Auhomesforsale.com (hereafter referred to as ‘sites’) and via Australian postal services to owners of residential real estate seeking to sell their homes. In addition, AGENT IN A BOX use third party resources to assist the member to market their home for sale. Representation to third party marketing services is provided by AGENT IN A BOX on behalf of the member. Under no circumstances shall AGENT IN A BOX be liable to any user on account of that user's use or misuse of the sites or reliance on the sites or any third party resources. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, punitive and exemplary damages (even if AGENT IN A BOX has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of the site or reliance on the sites, from inability to use the sites, or from the interruption, suspension, or termination of the sites or services offered on the site (including such damages incurred by third parties).

b) Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the sites or received through any links provided on the sites. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. AGENT IN A BOX makes no warranties as to the accuracy of its information due to the dynamic nature of the residential real estate sales industry. AGENT IN A BOX cannot screen or authenticate all articles, listings or other information for accuracy.

1.3 TERMS OF MEMBERSHIP & USAGE RESTRICTIONS

Site Membership

a) Membership is available to any person who registers and accurately provides all the required information, provides a legitimate electronic mail address and obtains a unique AGENT IN A BOX member name and password. Membership is non-transferable.

b) Members using AGENT IN A BOX to market and sell their property must complete all identification sections with their registered full legal names.

c) Members using AGENT IN A BOX to market and sell their property must be the legal owners of the property being marketed.

d) All membership information must be accurate and belong to the person registering. All persons are limited to having one user account. Invalid, incomplete, or falsified information can result in the immediate termination of all membership privileges for that user and, possibly a permanent ban, restricting the member from using any of AGENT IN A BOX’s services at any time.

e) Usage of this site is restricted to persons over the age of 18.

f) AGENT IN A BOX is not responsible for the content of any member's property listing information, and the information expressed on AGENT IN A BOX is the responsibility of the listing member and not AGENT IN A BOX. Whilst AGENT IN A BOX endeavours to preview property information and images before it appears on the site, it is not responsible for the reliability of the information and images. Any link posted to a third-party internet address does not imply an endorsement of that site or its content by AGENT IN A BOX.

g) AGENT IN A BOX information is provided to support the private sale of residential real estate by owner, known as ‘For Sale By Owner’ (FSBO). While the administrators of AGENT IN A BOX will attempt to keep all off-topic information off this site, it is impossible for us to accurately review all listings. All listings express the views of the author, and neither the owners of AGENT IN A BOX nor the administrators will be held responsible for the content of any message.

h) As a condition of buying and selling real estate properties listed in the site of AGENT IN A BOX, Buyer and Seller agree that AGENT IN A BOX is not brokering or otherwise participating in any purchase or sale. AGENT IN A BOX has no knowledge of the terms of sale, the condition of the property offered for sale, the accuracy of any aspect of the sale or the use to which any property shall be put. Buyer and seller further acknowledges that property investment or divestment, carries with it a risk of financial loss that may not be avoided, even if the information and tools purchased or used on AGENT IN A BOX are used properly. Buyers (property purchasers) shall seek qualified investment and financial advice and instruction in the process of transacting residential property.

i) Members may not post links to any off-site “for-sale” items or any auctions.

j) All enquiries relating to properties listed on the website are filtered through AGENT IN A BOX and passed on to members. No direct contact details (e.g. phone numbers or email addresses) are permitted in any public content provided on the site by members.

k) Pornography, images or information of an illegal nature will not be tolerated.

l) The owners and administrators of AGENT IN A BOX reserve both the right to remove, edit, move or close any listing for any reason, and the right to suspend or delete any user account for any reason we feel is in violation of the TOS, both explicit and implied.

m) Membership in AGENT IN A BOX is a privilege, not a right. We reserve the right to deny service to any person at any time without cause.

1.4 INTELLECTUAL PROPERTY

It is the policy of AGENT IN A BOX to respond expeditiously to claims of intellectual property infringement. AGENT IN A BOX will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Australian COPYRIGHT ACT 1968. Should a violation of intellectual property be discovered, the document(s) or messages in such violation will be removed in a timely manner after any and all investigating has been completed to prove the authenticity of such a claim.

1.5 PUBLIC CONTENT ON AGENT IN A BOX

a) Any and all content posted for inclusion in publicly accessible areas of AGENT IN A BOX are the responsibility of the creator. AGENT IN A BOX makes no claims or warranties about such information or its authenticity. Upon posting any content on AGENT IN A BOX, you grant AGENT IN A BOX the non-exclusive right to publish, modify and use such content solely for the purpose of displaying such content.

b) No representations made or advice given by AGENT IN A BOX members or administrators should be in any way considered a direct instruction for financial decision making, either discussed or implied. Answers to questions are offered as information only and should always be used in conjunction with advice from your qualified professionals. No responsibility is taken by AGENT IN A BOX, its owners or administrators, for any conceivable consequence which might be related to any answer that is freely given to questions on this site.

1.6 LIMITATION OF RE-USE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes or non-commercial purposes any portion of the services or content contained within AGENT IN A BOX and its subsidiary sites. In order to use any content, graphical art, photos or files owned by or published by AGENT IN A BOX, direct, written authorisation must be obtained from AGENT IN A BOX, with exception to the use of listed property content and images which may be used providing the integrity of the content is maintained for its primary purpose of marketing the property for the owner whilst under an agreement with AGENT IN A BOX.

1.7 LEGAL RESTRICTIONS

a) This agreement shall be constructed and controlled by the laws of the State of Queensland and the Commonwealth of Australia, without regard to its conflict of law provisions. Any dispute arising hereunder will be governed by the laws of the State of Queensland and Commonwealth of Australia. Each member agrees to personal jurisdiction by State of Queensland and federal courts of the Commonwealth of Australia.

b) AGENT IN A BOX reserves the right to change, modify or update this TOS agreement at any time without notification. Membership in and the use of resources contained within the sites constitutes full agreement and acknowledgement of the restrictions, limitations and terms set forth in this agreement.

2. REFUND AND REPLACEMENT TERMS AND CONDITIONS

2.1 THE AGENT IN A BOX GUARANTEE TERMS AND CONDITIONS

a) Sellers registering for any of the AGENT IN A BOX paid marketing packages will be automatically covered by the guarantee made available on the site and will be refunded in full if not satisfied with the delivery of services in accordance to the guarantee. Specifically terms of the guarantee that can be objectively measured include:

i. AGENT IN A BOX will ensure members’ property listings are submitted to the third party real estate listing sites as described in the member agreement within 48 hours of member payment and final upload of property content. In some cases, content may be reviewed by AGENT IN A BOX and changes suggested to members before final submissions are accepted.

ii. AGENT IN A BOX will respond to any call, email or message from members within two business hours (8am – 6pm EST, Monday – Sunday). Messages left after hours are returned next working day.

iii. All buyer interest and enquiry received by AGENT IN A BOX regarding the intended sale of member properties, is passed on to members within two hours during business hours (8am – 6pm EST, Monday – Sunday) by way of SMS, email or direct phone contact.

iv. Members’ personal information is treated in accordance with AGENT IN A BOX’s privacy policy and not passed onto any third party without express permission.

v. Members are permitted to 'rest' their listing once for a maximum 4 weeks during the entire listing period. If a member's property remains 'off-market' for a period greater than 4 weeks, a re-list fee of $299.00 for Premium members and $469.00 for Ultimate members is required to re-instate the listing on the property sites the subject property was seen on.

vi. A 'rest' period does not apply to Essential members. If an Essentials member decides to take their property 'off market' during their 30 day realestate.com.au listing period, the property can only be relisted with a payment of a $219 fee and will qualify their listing as 'until sold' on realestate.com.au and sites assoicated with the Premium Option. A 2nd 'For Sale' sign is not included in that fee.

2.2 PRODUCT REFUND & REPLACEMENT GENERAL TERMS & CONDITIONS

a) Notwithstanding terms under 2.1 (Money Back Guarantee) and any statutory rights under Australian consumer law, refunds will not be granted if any or all of the following has taken place:

i. 48 hours have passed since the payment for membership has been received.

ii. The property in question has been listed on any or all of the property sites AIAB subscribes to.

iii. Signage has been ordered and produced for the property in question.

b) It is the responsibility of members to ensure that the correct package is purchased and the features of the package match the customer’s requirements. Refunds for marketing packages will not be given if a customer purchases a package incorrectly.

c) If you believe that any of the products supplied are faulty or don’t match their description please notify us immediately:

Phone 1300 24 22 69

Email This email address is being protected from spambots. You need JavaScript enabled to view it.

d) If the fault is not due to wear and tear or misuse, we will offer you a replacement as appropriate.

e) Please return goods that are damaged or otherwise returnable within 14 days to:

AGENT IN A BOX

Suite 2, 14-22 Howard Street

Nambour QLD 4560

3. FEEDBACK MANAGEMENT PROCESS

a) Tier 1: ‘first contact resolution’ – AGENT IN A BOX recognise that the most effective and fastest way to resolve feedback and achieve client satisfaction is to deal with the issue at the point where it is received.

b) Tier 2: internal escalation - when the feedback (particularly a complaint) cannot be resolved at the first point of contact, it will be referred to the next appropriate level. If unresolved at this point – a refund will be offered in accordance with AGENT IN A BOX’s Service Guarantee and TOS.

c) Tier 3: external bodies - such as the Commonwealth and State Ombudsman Offices or Office of Fair Trading. We recognise that clients may choose to enter the feedback process at various stages, and have the right to do so.