Website Terms And Conditions
plainsales.com.au is a registered trading name of Property Podium Pty Ltd (ACN 9008 173 577)
In these terms and conditions, “we” “us” and “our” refers to plainsales.com.au. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
- In order to access the services provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration.
- You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- On registration, we provide you with a password. On registration you agree to pay for our services as set out on our website.
- As a registered user and prior to uploading a property for sale on our website you confirm that a sales contract in accordance with the relevant state legislation has been prepared by a lawyer or conveyancing specialist and is available for potential purchasers to view plainsales.com.au accepts no responsibility in this regard.
- As a registered user you agree that any images or descriptions uploaded accurately reflect the specific property being sold.
- We reserve the right to terminate your registration at any time if you breach these terms and conditions.
- Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
- All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
- In exchange for the fee charged we will list your property on plainsales.com.au, realestate.com.au and realestateview.com.au plus numerous other real estate portals for a 180-day period.
- Should your property not sell within the initial 180-day period and you wish to retain your listing with plainsales.com.au you can renew your registration online and you will only be charged 50% of the original fee. This will ensure you have the same exposure on the abovementioned real estate portals for another 180-day period.
- Should you wish to terminate your listing with plainsales.com.au please advise us immediately.
- In the event that you wish to terminate your listing with plainsales.com.au within the first 5 business days of payment, plainsales.com.au will refund your payment, less a $150 (plus GST) administration fee.
- In the event that you wish to terminate your listing with plainsales.com.au after the first 5 business days of payment, plainsales.com.au will refund your payment, less a $300 (plus GST) administration fee.
- plainsales.com.au will also supply you with a 600mm x 900mm "For Sale" sign for you to erect at your property. This sign will be delivered to the postal address which appears in your profile details on the plainsales website.
- You will also be able to download printable flyers for each individual property you have listed from our website. plainsales.com.au accepts no responsibility for the quality of any images supplied by you.
- We strive to ensure that our properties listed on plainsales.com.au are described as accurately as possible, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
- Where images and property descriptions have been uploaded onto our site by registered users, plainsales.com.au accepts no responsibility for any discrepancies/misrepresentations.
- We supply our services to customers within Australia only.
- We endeavour to ensure that our list of services noted on our home page is current however we give no undertaking as to the availability of any service or product advertised on our website.
- Packaging and postage may be charged for additional services over and above those offered in the standard package noted on our home page and calculated at time of purchase.
- When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware. To prevent fraud and any risk to the registered user the transaction occurs ‘offsite’ using a St.George Bank merchandising facility.
- plainsales.com.au reserves the right to accept or reject your order within 3 days. If we have not responded to you within 3 days, your offer is deemed to be accepted. We are not required to give reasons for rejecting your offer to purchase.
- Once you have made payment, you may only cancel that order as indicated in “Our Website Services” above.
- Delivery of signage will occur within five business days of receipt of payment. Our terms of payment are set out on the order page.
- Should for some reason we have run out of stock we will advise you via email of the earliest time we can meet your order.
- Should you not receive your “For Sale” sign within five business days of payment please contact us for a replacement.
- Should your sign become lost or damaged we can provide a replacement sign which we will despatch within five business days of receipt of an additional charge of $75.
- We endeavour to do our upmost for recycling and would be happy to accept used signs in good condition.
- When you visit our website, we give you a limited licence to access and use our information for personal use.
- You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
- Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
- The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
- This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
- You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.
- The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
- All trade marks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
- Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
- To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
- We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
- From time to time we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.
- To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.
- We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services and/or product/s we have supplied.
- By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
- If a Force Majeure event causing delay continues for more than 7 days, we may terminate this Agreement by giving at least 7 days Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
- These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
- If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
- We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
- Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.