The following terms and conditions set out the agreement between Your Hot Property Pty Ltd. (“YHP”) and you (‘the Vendor”) and are deemed to be accepted by the signing of the Agency Agreement.
1.1 The vendor hereby authorises YHP to act on behalf of the vendor as an agent and YHP will not act in any way without the consent of the vendor of the property. All decisions relating to the sale of the property will always remain that of the vendor.
1.2 The Vendor warrants that they are the registered proprietor of the Property or duly authorised by law to sell and/or transfer of same, including that the consent has been obtained by any other registered proprietors of the property. Vendors will be required to sign the “Agency Agreement” before the property will be listed.
2.1 In the event the Vendor purchases Marketing offered by YHP the Vendor will pay a non-refundable fee equalling the value of that product (including GST) if YHP has incurred a charge for that product/service.
3.1 Subject to the terms of this agreement upon payment of the Marketing Fee YHP will:
(a) cause the Property to be advertised for sale on the follow (collectively called) ‘the Domains’ for the Term:
www.jewishliving.com.au, www.homely.com.au, www.squiiz.com.au,
www.allhomes.com.au (www.allhomes.com.au is only available at no cost for areas 300km outside of the A.C.T)
(b) provide the Vendor with access to advertising material and related services discounts as detailed at www.yourhotproperty.com.au
(e) YHP will respond to all buyer enquiries via phone, email or text during operating business hours. Outside of business hours, YHP will only respond to urgent enquiries at their discretion.
4.1 YHP will at the request of the vendor negotiate on their behalf with the selling agent of a property they’re interested in purchasing. YHP in no way guarantees the purchase, purchase price, or conclusion of a successful outcome for the vendor. YHP will only act on the advice given to them by the vendor regarding offers and terms.
4.2 The vendor-purchaser acknowledges that YHP does not undertake independent verification of information provided by a selling agent or vendor. YHP’s role is limited to negotiating with the vendor and it(s) agent and advising the vendor-purchaser. All decisions are ultimately made in the sole discretion of the vendor-purchaser. The vendor-purchaser should attend and inspect the property prior to purchasing, and by agreeing to these terms the vendor-purchaser releases YHP from any liability or claim arising from the conduct of the selling agent or vendor.
4.3 YHP agrees to act on behalf of the ‘vendor’ in negotiating the successful purchase of one property only.
4.4 YHP agrees to act on behalf of the ‘vendor’ in negotiating the purchase of up to 3 properties only. This service will cease should term 4.3 come into effect or if the vendor terminates their agency agreement with YHP.
5.1 Where a property is owned by registered joint proprietors as on the certificate of title of the property, the joint proprietors are jointly and severally liable for the obligations contained in this agreement and the signed agency agreement.
5.2 Where the property is owned by tenants in common as shown on the certificate of title, the vendor represents and warrants to YHP that a 100% interest in the property is being sold, with the consent of all tenants in common and that the vendor is not attempting to sell any lesser percentage interest.
5.3. The vendor acknowledges that YHP may promote the Vendor’s property listing, photographs provided to YHP, the vendor’s first name, any testimonial given to YHP, details relating to the sale and approximate savings on various media and social media outlets. The Vendors full name and details shall never be released or provided to any of these third party sites without first receiving consent from the vendor.
5.4 Images and text supplied to Your Hot Property must be owned and/or created by the vendor. Any use of images owned by third parties must only occur where a written authority has been obtained by the vendor from the legal or copyright owner of the images or data. Any images supplied must be actual photos of the property for sale or lease.
Further terms and release of YHP.
6.1 The Vendor acknowledges that YHP is not the owner of the Domains www.domain.com.au, www.realestate.com.au, www.thehomepage.com.au, www.homehound.com.au, www.property.com.au, www.onthehouse.com.au, www.homely.com.au,www.squiiz.com.au, allhomes.com.au, and www.jewishliving.com.au and is bound by the terms, conditions and policies of the registrant of the Domains as at the date of this service or as amended by them.
6.2 The Vendor agrees to comply with any term, condition or policy of the registrant of the Domains and acknowledges that those terms, conditions and policies as they exist from time to time shall form part of this agreement and may be enforced by YHP.
6.3 The Vendor forever releases YHP against all claims, suits and demands that the Vendor may have against YHP as a result of the advertising being unavailable, postponed, altered or deleted on the Domains from time to time, or throughout the Term due to any act, omission or decision of the registrant of the Domains.
6.4 To the Vendor indemnifies and releases YHP against all claims, suits (in any Court and of any nature), demands, costs (including legal costs on a solicitor and client basis), fees and expenses of any kind incurred or made against YHP (including by the Vendor) in relation to the Property, this agreement, services provided by any third parties, the Online Advertising Material, the Domains and any act, omission or representation of the Vendor or their representatives.
6.5 YHP does not warrant that the Site, or that of its third party providers, will be uninterrupted or error-free or that the Site, its content or the server are free of viruses or other harmful components.
6.6 YHP maintains current anti-virus software, however to the extent provided by law, YHP does not guarantee against third party interference nor does YHP guarantee that the Site will be compatible with third party software, hardware or devices.
6.7 YHP is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other events beyond our reasonable control.
6.8 Vendors agree to indemnify YHP and our partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from acts and omissions by the Vendor in breach of this Agreement.
Representations & Entire Agreement.
7.1 The Vendor acknowledges that he/she has in entering into this agreement, not relied upon any statement, representation, warranty or condition made or given by YHP (including its employees, agents or representatives) other than those that are expressly herein contained and to the extent permissible by law any representation, term or agreement is expressly excluded unless made in writing and signed by YHP.
7.2 The Vendor acknowledges that the listing on the Domains may not result in a sale.
8.1 The entry of this agreement allows the Vendor access to discounted marketing merchandise and services (“the Merchandise”) at a fee disclosed in their proposal package.
8.2 Professional Signboard
The Vendor acknowledges that:
9.1 YHP will collect information on the Vendor at the time the Vendor enquiries as to, and/or, proceeds to purchase their services located at www.yourhotproperty.com.au, or otherwise permitted by the Privacy Act. This information will not be disclosed to third parties other than the service providers selected by the Vendor or as required by law.
9.2 YHP may also collect information about the Vendor in order to advertise the Property on the Domains or for advertising of YHP and following engagement may use some of these information for marketing purposes or in order to advertise the Property on the Domains.
9.3 YHP will from time to time contact the Vendor by phone, sms and or email.
9.4 The Vendor acknowledges and YHP discloses that YHP may receive rebates, commission and fees from the discounted service providers as a result of the Vendor’s enquiries and/or purchases.
10.1 Jurisdiction: This agreement shall be governed by and the Vendor hereby submits to the jurisdiction of a competent Court in the State of New South Wales.
10.2 Unenforceable: Should a Court hold that any term of this agreement be unenforceable then any such term may be severed from this agreement without affecting any other clause herein.
10.3 Waiver: Should YHP elect not to exercise any of its rights in this agreement then such conduct shall not amount to the waiver of those rights.
YHP means Your Hot Property Pty Ltd ACN 126 764 467.
‘Domains’ means as defined in clause 4.2
‘Online Advertising Material’ means as defined in clause 6.1
‘Property’ means the property to be advertised for sale as notified to YHP by the Vendor.
‘Vendor’ means you and where there is more than one person both individuals jointly and severally.
‘Business Hours’ mean the hours between 8am and 5pm on Monday to Friday and 8.30am to 3.30pm on Saturday Australian Eastern Standard Time.