Terms & Conditions
This Agreement governs the provision of Services by Star Star PropertyMakkerz Pvt Ltd Pvt Ltd (Propertymakkerz.com) to you. The terms “you” and “your” refer to the person that obtains, uses or otherwise accesses the Services.
1.1. This Agreement comprises the following parts:
(a) these terms and conditions (as amended by Star Propertymakkerz pvt ltd from time to time);
(b) the general Terms and Conditions of Use for the Website located at https://www.propertymakkerz.com.au/about/terms-and-conditions/
(c) any other document provided to you by Star PropertyMakkerz Pvt Ltd expressed to form part of this Agreement.
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.propertymakkerz.com Please note that the features and functionality that may be available on the websites may vary in prices.
2.2. You may apply for a Service through the Application Form. A separate Agreement is created between Star Propertymakkerz pvt ltd and you for each Application Form that is accepted by Propertymakkerz.
2.3. You acknowledge that your real estate listings software provider may take all action necessary for your listings to be transferred to Star PropertyMakkerz Pvt Ltd and uploaded to the Website.
2.4. If Star PropertyMakkerz Pvt Ltd decides, or is required, to modify or exit a Service (or part thereof), then Star PropertyMakkerz Pvt Ltd 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 Star PropertyMakkerz Pvt Ltd 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.
3.1. Star PropertyMakkerz Pvt Ltd will: (a) provide the Services with due care and skill, (b) use suitably qualified personnel to provide the Services.
3.2. Star PropertyMakkerz Pvt Ltd does not guarantee, represent or warrant that:
3.3. You or users of the Website will have continuous access to the Website;
3.4. Star PropertyMakkerz Pvt Ltd 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.
4.1. You are solely responsible for:
(a) obtaining any telecommunication services and infrastructures (including Internet access) required to access and use the Services.
(b) ensuring that any communications through the Internet (including emails) is appropriately secured in transit and during delivery of such communications.
4.2. In using the Service, you must:
(a) ensure the Submitted Materials are provided in the form required by Star PropertyMakkerz Pvt Ltd 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 Star PropertyMakkerz Pvt Ltd;
(b) only submit material to Star PropertyMakkerz Pvt Ltd by a method pre-approved by Star PropertyMakkerz Pvt Ltd (such as via an authorised XML provider);
(c) provide Star PropertyMakkerz Pvt Ltd with such assistance as is reasonably necessary to provide you with the Service;
(d) notify Star PropertyMakkerz Pvt Ltd in writing if you change any information required by Star PropertyMakkerz Pvt Ltd to provide a Service;
(e) train your personnel in relation to the use of a Service and ensure your personnel comply with this Agreement;
4.3. You must not:
(a) use a Service for any purpose other than those purposes outlined in this Agreement;
(b) do anything which impairs the lawful use of a Service by any person;
(c) use or provide any materials or information provided by Star PropertyMakkerz Pvt Ltd to you in connection with a Service to any other person without Star PropertyMakkerz Pvt Ltd’ prior written consent (which may be given or withheld at its discretion);
(d) distribute, rent, lease, sell or re-sell, charge, sub-license, assign, transfer or otherwise deal with the Service;
(e) create or otherwise produce either directly or indirectly or wholly or partly any database which is substantially comprised of any information published by Star PropertyMakkerz Pvt Ltd; or
(f) intentionally withdraw and relist listings with a view of influencing the search results available on the Website.
4.4. You warrant to Star PropertyMakkerz Pvt Ltd that:
(a) you have obtained and will maintain all licences, permits, approvals and consents necessary to enable you to operate as a real estate agent, property developer or builder and that are otherwise required for your business and its operations;
(b) all Submitted Material, whether for the purposes of publication is accurate or not and complies with all relevant laws, does not infringe any person’s rights (including intellectual property rights), and that the use of all Submitted Material does not and will not infringe any person’s rights (including intellectual property rights), is not illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years, is not misleading or deceptive or likely to mislead or deceive.
(c) you will comply with all applicable laws in relation to your use of the Service, including all laws in relation to handling and use of personal information.
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) 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 Star PropertyMakkerz Pvt Ltd), agent location or contact details, accurately indicate the location of the property being listed;;
(e) 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);
5.2. Star PropertyMakkerz Pvt Ltd will not to the full extent permitted by law, be liable for error, misplacement, amendment, omission or failure to publish any listing.
6.1. The following information is the minimum information which you must submit to Star PropertyMakkerz Pvt Ltd in respect of each listing for publication on the Website:
street address, property type (e.g. house, apartment), title, description, number of bedrooms (except for vacant land), number of bathrooms (except for vacant land), number of car spaces (except for vacant land), images (minimum of 1), display price (may be numeric value or text, eg POA), status (e.g. current, sold, leased, withdrawn).
6.2. Star PropertyMakkerz Pvt Ltd reserves the right to update the minimum required information that must be provided in respect of each listing for publication on the Website by either updating this Agreement or updating the field requirements on the Website.
7.1. Star PropertyMakkerz Pvt Ltd may, from time to time, set guidelines for how property listings will be returned in searches on the Websites.
7.2. Star PropertyMakkerz Pvt Ltd reserves the right to update these guidelines from time to time by either updating this Agreement or making available the updated guidelines on the Website.
8.1. You acknowledge and agree that: Star PropertyMakkerz Pvt Ltd provides no warranties in relation to the number of leads (that is, enquiries for further information submitted by users of the Website) you may receive.
8.2. You must provide a valid email address in respect of each listing to which leads should be sent by Star PropertyMakkerz Pvt Ltd (or any third party with whom you have an agreement);
8.3 You acknowledge that Star PropertyMakkerz Pvt Ltd will use its best endeavours to deliver all leads to the nominated email address, or where this is not available, an alternate email address.
9.1. By uploading Submitted Materials you automatically grant (or warrant that the owner of such material expressly grants) to Star PropertyMakkerz Pvt Ltd a world-wide, non-exclusive, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform, store and distribute those Submitted Materials for the purposes of performing its obligations pursuant to this Agreement, publishing the Submitted Materials and any information included in a listing on the Website, creating statistics, databases and compilations for use by Star PropertyMakkerz Pvt Ltd and third parties, provided that Star PropertyMakkerz Pvt Ltd will not disclose your information in any matter that identifies your information as yours; and
9.2. Without limiting the foregoing, you agree that Submitted Materials may be used by Star PropertyMakkerz Pvt Ltd for purposes including marketing, research and development of goods and services.
9.3. You warrant that Star PropertyMakkerz Pvt Ltd’ use of any Submitted Material contributed by you will not infringe the intellectual property rights of any third party or breach any obligations of confidence or any other law, in relation to moral rights, you have obtained all necessary consents which will allow Star PropertyMakkerz Pvt Ltd to perform all or any acts or omissions which, but for the consent, would be considered an infringement of the author’s moral rights under the Copyright Act 1968 (Cth).
9.4. Star PropertyMakkerz Pvt Ltd reserves the right to amend, edit, block or immediately remove Submitted Material without notice to you that it considers is or may be, in its sole discretion where you have breached a warranty or term set out above.
9.5. You acknowledge and agree that Star PropertyMakkerz Pvt Ltd is not responsible for any aspect of your or any third party’s website, including the currency, accuracy or otherwise of any information or data on those websites, Star PropertyMakkerz Pvt Ltd does not guarantee or warrant that the Website will be continuously available or available at all.
10.1. Each party acknowledges and agrees that Star PropertyMakkerz Pvt Ltd’ Confidential Information includes: (a) the provisions of this Agreement; and (b) all information provided by Star PropertyMakkerz Pvt Ltd to you under this Agreement, including Star PropertyMakkerz Pvt Ltd’ technical, operational, and commercial information in relation to the supply of Services.
10.2. You acknowledge and agree that:
(a) you must ensure that you do not, and do not allow any other person (including your users) to access or use the Services in a manner contrary to the requirements of any laws;
(b) you are solely responsible for obtaining all necessary consent with respect to the collection, use, access, disclosure and storage of personal information
(c) you agree that Star PropertyMakkerz Pvt Ltd’ Confidential Information includes all Star PropertyMakkerz Pvt Ltd account information, including user identification details and password information.
11.1. Other than as set out in this Agreement, and to the full extent permitted by law, Star PropertyMakkerz Pvt Ltd excludes all warranties, liabilities, rights, remedies, conditions and guarantees arising under or in respect of this Agreement and the Services, whether in contract, tort (including negligence), statute or any other cause of action.
11.2. Nothing in this Agreement excludes or restricts any obligation arising under the Australian Consumer Law.
11.3. In no event will Star PropertyMakkerz Pvt Ltd be liable to you or any other person for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
11.4. Notwithstanding any other provision of this Agreement, Star PropertyMakkerz Pvt Ltd’ liability under or in connection with this Agreement will be reduced to the extent the loss or damage is caused by you or any person affiliated with you.
12.1. Star PropertyMakkerz Pvt Ltd may limit, suspend or cancel the provision of a Service at any time:
(a) without notice to you in the event of an emergency, if the supply or use of a Service is, or is likely to become, unlawful or if in Star PropertyMakkerz Pvt Ltd’ reasonable opinion, the provision of a Service is likely to cause death, personal injury or damage to property; and
(b) by notice to you if you do not pay any amounts due for that Service on time, if your use of a Service interferes (or may interfere) with the Website, and you fail to rectify the situation.
12.2. Where provision of a Service has been suspended or cancelled under clause 12.1, Star PropertyMakkerz Pvt Ltd may require you to pay additional charges to resume the provision of the Services.
13.1. Star PropertyMakkerz Pvt Ltd may immediately terminate this Agreement for cause on notice to you if you fail to pay the Fees or any other fees or charges,breach any provision of this Agreement that is not capable of remedy, breach any provision of this Agreement that is capable of remedy and you fail to remedy such breach with 14 days’ of Star PropertyMakkerz Pvt Ltd’ notice to do so, assign or purport to assign this Agreement, are or become insolvent.
13.2. You may cancel a Service or terminate this Agreement on 10 days’ written notice to Star PropertyMakkerz Pvt Ltd or as otherwise provided on the Website for that Service, but you agree that you are not entitled to any refund or reimbursement of any Fees.
13.3. On the termination of this Agreement:
(a) you must pay all outstanding fees to Star PropertyMakkerz Pvt Ltd;
(b) you must return or destroy (at Star PropertyMakkerz Pvt Ltd’ option) all Star PropertyMakkerz Pvt Ltd intellectual property in your possession or control including but not limited to any application files; and
(c) both Star PropertyMakkerz Pvt Ltd and you will continue to comply with all obligations expressed herein to continue to apply after the expiration or termination of this Agreement or that otherwise by their nature continue to apply after the expiration or termination of this Agreement.
14.1. Nothing in this Agreement transfers ownership in, or otherwise grants any rights in, any intellectual property rights of Star PropertyMakkerz Pvt Ltd, except any rights expressly granted to you under this Agreement.
14.2. All intellectual property rights in a Service and all information generated, compiled, arranged, stored or otherwise developed by Star PropertyMakkerz Pvt Ltd, including any listing, belong to Star PropertyMakkerz Pvt Ltd.
15.1. Star PropertyMakkerz Pvt Ltd may amend this Agreement from time to time, with or without notice to you.
15.2. If you continue to use the Service, on or after the date of any amendments to this Agreement, then you are taken to have agreed to these amendments. If you do not agree with these amendments and these amendments have a material detrimental impact on you, then you may terminate this Agreement on notice to Star PropertyMakkerz Pvt Ltd without payment of any early termination fees.
16.1. All Fees include GST, unless otherwise expressly indicated.
16.2. You must pay the Fees in advance and commencing at the time that you register as a user of the online agent portal.
16.3. Star PropertyMakkerz Pvt Ltd may vary the Fees payable for any Star PropertyMakkerz Pvt Ltd Services. If you fail to pay any Fees by the required time, Star PropertyMakkerz Pvt Ltd may limit or cease your access and use of the Services, charge you interest at 10% (per annum) calculated on the daily amount outstanding, engage a third party collection agency to recover the outstanding fees, and charge you any expense (including legal fees) incurred by Star PropertyMakkerz Pvt Ltd in recovering the outstanding fees from you.
17.1. Neither party will be liable for any delay or failure to perform its obligations pursuant to this Agreement.
17.2. If the delay or failure by a party to perform its obligations due to Force Majeure exceeds 60 days, either party may immediately terminate the Agreement on providing a notice in writing to the other party.
18.1. Each party agrees to do all things that may be necessary or desirable to give full effect to every part of this Agreement if asked in writing by another party to do so.
18.2. You must not assign, transfer, subcontract or otherwise dispose of, in whole or in part, your rights or obligations under this Agreement, without the prior written consent of Star PropertyMakkerz Pvt Ltd.
18.3. If any provision of this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be read down or severed from this Agreement.
18.4. Failure by any party to exercise, or delay in exercising, any right, power or remedy under this Agreement does not prevent its exercise. To be effective, a waiver must be in writing signed by the party giving the waiver.
18.5. Where, in this Agreement, Star PropertyMakkerz Pvt Ltd is required to give notice in writing, Star PropertyMakkerz Pvt Ltd may give the same by:
(a) posting the notice on the Star PropertyMakkerz Pvt Ltd Website;
(b) emailing the notice to the email address last provided to Star PropertyMakkerz Pvt Ltd by you; or
(c) posting the notice to the postal or street address last provided to Star PropertyMakkerz Pvt Ltd by you.
Capitalised terms used in this Agreement have the meaning given to them in this Agreement, including this clause 19.