[vc_row][vc_column width=”1\/1″][vc_custom_heading heading_semantic=”h1″ text_size=”h1″]Terms and Conditions of Use[\/vc_custom_heading][\/vc_column][\/vc_row][vc_row][vc_column][vc_column_text]<\/p>\n
1.1 These Terms and Conditions (<\/span>Terms<\/span><\/strong>) are between Geneva Private Wealth Pty Ltd ABN 52 092 013 931 t\/a Which Real Estate Agent, its successors and assignees (referred to as \u201c<\/span>we<\/span><\/strong>\u201d, \u201c<\/span>us<\/span><\/strong>\u201d or \u201c<\/span>our<\/span><\/strong>\u201d) and the user of our Website (referred to as \u201c<\/span>you<\/span><\/strong>\u201d or \u201c<\/span>your<\/span><\/strong>\u201d), and collectively the Parties.<\/span><\/p>\n 1.2 You are requesting the use of services provided via our Website (<\/span>Services<\/span><\/strong>). You accept these Terms by submitting the online form (<\/span>Form<\/span>) or contacting us by any other means to request our Services and providing us with the information required by us to provide the Services to you.<\/span><\/p>\n 1.3 You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully.<\/strong><\/span>\u00a0 Please contact us if you have any questions. Continued use of our Services \u00a0indicates that you have had sufficient opportunity to read these Terms and contact us if needed, that you have read, accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older.\u00a0<\/span>\u00a0<\/span>You must not order services from us if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older. \u00a0<\/span>If you do not agree to these Terms, you should not use our Services. \u00a0<\/span><\/p>\n 2.1 To use our Services, you will be required to provide your personal information and information relating to your property (<\/span>Property<\/span><\/strong>) by submitting the Form.<\/span><\/p>\n 2.2 Basic information will be required when submitting the Form. You are required to provide certain information including your full name, address, contact number and email address.<\/span><\/p>\n 2.3 You agree to provide accurate, current and complete information when submitting the Form and to update such information to keep it accurate, current and complete. We reserve the right to suspend your access to our Website and Services if any information provided proves to be inaccurate, not current or incomplete.<\/span><\/p>\n 3.1 We shall assess the information provided by you in the Form in order to make suggestions as to real estate agents (<\/span>Agents<\/span><\/strong>), who in our opinion, meet the requisite skills, knowledge and ability to effective facilitate the sale or rental of your Property.<\/span><\/p>\n 3.2 We will provide you with the outcome of our research based on the information provided by you in the Form (<\/span>Report<\/span><\/strong>), such analysis and the information compiled is at our sole discretion.<\/span><\/p>\n 3.3 After you receive the Report, you may, at your own discretion, ask us to introduce you to the Agents in order for you to interview the Agents and potentially contract with an Agent of your choosing in respect of facilitating the sale or rental of your Property.<\/span><\/p>\n 3.4 We accept no liability in regards to the resulting contract or agreement between you and the Agent.<\/span><\/p>\n 3.5 We agree to perform the Services with due care and skill.<\/span><\/p>\n 3.6 We may provide the Services to you using our employees, contractors and third party providers, and they are included in these Terms.<\/span><\/p>\n 3.7 Third parties who are not our employees or our direct contractors (<\/span>Third Parties<\/span><\/strong>) will be your responsibility. We are not responsible for the services provided by Third Parties.<\/span><\/p>\n 4.1 You acknowledge and agree that we will provide the information provided in your Form to various Agents and will request such relevant information from such Agents in respect of facilitating the sale or rental of your Property.<\/span><\/p>\n 4.2 You acknowledge and agree that our selection process in respect of the Agents presented to you is based on our opinion only, based on the research we undertake and, accordingly, we have no responsibility, liability nor obligation in respect of your selection of an Agent in respect of the sale or rental of your Property.<\/span><\/p>\n 4.3 We make no warranty or representation, express or implied, as to the fitness for purpose or suitability of the Agent for the sale or rental of your Property. The information we provide is for your reference purposes only to assist you making your own selection.<\/span><\/p>\n 5.1 We do not charge you any fees for our Services. You acknowledge that we are paid by the Agent or agency at which the Agent is employed or contracted (<\/span>Agency<\/span><\/strong>). We receive a percentage of the commission (usually 20%) received by the Agent following the sale or rental of your Property using one of the Agents introduced to you by us.<\/span><\/p>\n 5.2 The Agent or Agency is obligated to make payment of our fee, only if they sell your property and after they are paid.\u00a0 This is paid by the Agent or Agency as they receive a qualified lead that has resulted in a sale. \u00a0For the avoidance of doubt, you have no liability toward us in regards to any payments owed to us by the Agent or Agency.<\/span><\/p>\n 5.3 Service Providers: The Website may act as an introduction or conduit for communications between you and third-party service providers (Service Providers<\/strong>) such as lawyers and mortgage brokers. We may receive payment from the Service Providers when you purchase products or services from them. Any relationship you have with any Service Providers is independent and separate to your relationship with us. We do not endorse or recommend the services of any particular Service Provider.<\/span><\/p>\n 6.1 You warrant that you will not canvass, employ, induce or attempt to employ, induce, solicit or entice away from us, any employee or contractor that was employed by or contracted to us during the term that we provide Services to you or the prior twelve (12) month period.<\/span><\/p>\n 6.2 You warrant that throughout the term of these Terms that:<\/span><\/p>\n (a) You have the authority to sell or rent the Property;<\/span><\/p>\n (b) there are no legal restrictions preventing you from agreeing to these Terms;<\/span><\/p>\n (c) you will cooperate with us and provide us with information that is reasonably necessary to enable us to perform the Services as requested by us from time to time, and comply with these requests in a timely manner;<\/span><\/p>\n (d) the information you provide to us is true, correct and complete;<\/span><\/p>\n (e) Agents will be granted access to the \u00a0Property at a mutually agreed date and time;<\/span><\/p>\n (f) you will not infringe any third party rights in working with us and receiving the Services;<\/span><\/p>\n (g) you will inform us if you have reasonable concerns relating to our provision of Services under these Terms, with the aim that we and you will use all reasonable efforts to resolve your concerns;<\/span><\/p>\n (h) you are responsible for obtaining any consents, licences and permissions from other parties necessary for the Services to be provided, at your cost, and for providing us with the necessary consents, licences and permissions; and<\/span><\/p>\n (i) you consent to the use of your name and Intellectual Property in relation to the Services in a way which may identify you.<\/span><\/p>\n 7.1 Our Website contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Website. \u00a0We own the copyright which subsists in all creative and literary works displayed on the Website. \u00a0<\/span><\/p>\n 7.2 You agree that, as between you and us, we own all intellectual property rights in the Website, and that n<\/span>othing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Website does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Website without the express written permission of the owner.<\/span><\/p>\n 7.3 You must not breach any copyright or intellectual property rights connected with the Website. This includes but is not limited to:<\/span><\/p>\n (a) altering or modifying any of the code or the material on the Website;<\/span><\/p>\n (b) causing any of the material on the Website to be framed or embedded in another website; or<\/span><\/p>\n (c) creating derivative works from the content of the Website.<\/span><\/p>\n 8.1 You agree to provide information including any Intellectual Property to us to enable us to provide the Services. You:<\/span><\/p>\n (a) warrant that you have all necessary rights to provide the Intellectual Property to us;<\/span><\/p>\n (b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable licence to use the Intellectual Property in any way we require to provide the Services to you; and<\/span><\/p>\n (c) consent to any act or omission which would otherwise constitute an infringement of your Moral Rights.<\/span><\/p>\n 8.2 If you (or any employee or agent) have Moral Rights in any Intellectual Property that you provide to us, you:<\/span><\/p>\n (a) irrevocably consent to any amendment of the Intellectual Property in any manner by us for the purposes of providing Services to you;<\/span><\/p>\n (b) irrevocably consent to us using or applying the Intellectual Property for the purposes of providing Services to you without any attribution of authorship;<\/span><\/p>\n (c) agree that your consent extends to acts and omissions of any of our licensees and successors in title; and<\/span><\/p>\n (d) agree that your consent is a genuine consent under the\u00a0<\/span>Copyright Act<\/span><\/em>\u00a01968 (Cth) and has not been induced by duress or any false or misleading statement.<\/span><\/p>\n 9.1 We, including our employees and contractors, agree not to disclose your Confidential Information to any third party (other than, where necessary, Third Party Suppliers); to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you, and not for any other purpose.<\/span><\/p>\n 9.2 You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.<\/span><\/p>\n 9.3 These obligations do not apply to Confidential Information that:<\/span><\/p>\n (a) is authorised to be disclosed;<\/span><\/p>\n (b) is in the public domain and\/or is no longer confidential, except as a result of breach of these Terms;<\/span><\/p>\n (c) is received from a third party, except where there has been a breach of confidence; or<\/span><\/p>\n (d) must be disclosed by law or by a regulatory authority including under subpoena.<\/span><\/p>\n 9.4 The obligations under this clause will survive termination of these Terms.<\/span><\/p>\n 10.1 Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about the Services, please contact us.<\/span><\/p>\n 10.2 If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:<\/span><\/p>\n (a) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (<\/span>Initial Meeting<\/span><\/strong>).<\/span><\/p>\n (b) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. \u00a0The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.<\/span><\/p>\n 10.3 Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.<\/span><\/p>\n 11.1 You may terminate your use of our Services at any time prior to receiving our Report by providing us with written notice.<\/span><\/p>\n 11.2 We may terminate these Terms immediately and cancel the provision of Services at our sole discretion, if:<\/span><\/p>\n (a) we consider that a request for the Service is inappropriate, improper or unlawful;<\/span><\/p>\n (b) you fail to provide us with clear or timely instructions to enable us to provide the Services;<\/span><\/p>\n (c) we consider that our working relationship has broken down including a loss of confidence and trust; or<\/span><\/p>\n (d) for any other reason outside our control which has the effect of compromising our ability to perform the work required within the required timeframe.<\/span><\/p>\n 11.3 On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.<\/span><\/p>\n 11.4 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.<\/span><\/p>\n 12.1 ACL<\/strong><\/span>: Certain legislation including the Australian Consumer Law (<\/span>ACL<\/span><\/strong>) in the\u00a0<\/span>Consumer and Competition Act\u00a0<\/span>2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (<\/span>Statutory Rights<\/span><\/strong>). \u00a0 Our liability is governed solely by the ACL and these Terms.<\/span><\/p>\n 12.2 Services<\/strong>:<\/span>\u00a0If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the Services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the Services for or for a result which you have told us you wish the Services to achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time.\u00a0<\/span>To the extent we are able to exclude liability;<\/span>\u00a0our total liability\u00a0<\/span>for loss or damage you suffer or incur from the Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.<\/span><\/p>\n 12.3 Delay<\/strong>:<\/span><\/span>2. PROVISION OF YOUR INFOR<\/span>MATION<\/span><\/span><\/h2>\n
<\/span>3. SERVICES<\/span><\/span><\/h2>\n
<\/span>4. ACKNOWLEDGEMENTS<\/span><\/span><\/h2>\n
<\/span>5. PAYMENT<\/span><\/span><\/h2>\n
<\/span>6. YOUR OBLIGATIONS AND WARRANTIES<\/span><\/span><\/h2>\n
<\/span>7. OUR INTELLECTUAL PROPERTY<\/span><\/span><\/h2>\n
<\/span>8. YOUR INTELLECTUAL PROPERTY AND MORAL RIGHTS<\/span><\/span><\/h2>\n
<\/span>9. CONFIDENTIAL INFORMATION<\/span><\/span><\/h2>\n
<\/span>10. FEEDBACK AND DISPUTE RESOLUTION<\/span><\/span><\/h2>\n
<\/span>11. TERMINATION<\/span><\/span><\/h2>\n
<\/span>12. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS<\/span><\/span><\/h2>\n