These
terms and conditions apply if you are acting as a private
seller and also if you are appointing Triton Properties to
act as your exclusive agent. Where terms and conditions
only apply to either private sellers or to parties
appointing Triton Properties as their exclusive agent, this
will be specified.
Your obligations
1.1 You must provide us
with all information and pictures necessary to prepare an Ad
for your property.
1.2 You must review the Ad
upon receiving notification that the Ad has been posted and
inform Triton Properties immediately if it contains any
errors.
1.3 If you are acting as a
private seller, you must inform us immediately if you sell
your property or if the property is under contract.
1.4 If
you have chosen to appoint Triton Properties as your
exclusive agent, you must complete, sign and return the
PAMDA Form 22a to us before we can act as your agent or post
your Ad on our Website.
1.5 Each
Ad is for a single piece of property. If you have more than
one property for sale you must list or advertise each
property separately.
Payments
2.1 You agree to pay the
advertising fee listed on the Website to Triton Properties.
2.2 You
acknowledge that Triton Properties will not commence
preparing your Ad for publication until the advertising fee
has been received and processed.
2.3 If
you have chosen to appoint Triton Properties as your
exclusive agent, you also agree to pay Triton Properties a
commission on the sale of your property calculated in
accordance with the REIQ commission scale.
2.4 You
will be responsible for the payment of all taxes, duties and
other governmental charges payable or assessed in connection
with this agreement whether applying as at the date of this
agreement or in the future including without limitation
goods and services tax, other value added tax, sale or use
taxes, stamp duty and turnover tax, but excluding taxes,
duties and governmental charges assessed on the income of
Triton Properties.
Our obligations
3.1
We
will prepare and post on the Website an Ad for the sale of
your property in the standard format described in the
Frequently Asked Questions section of the Website.
3.2
If
you have chosen to appoint Triton Properties as your
exclusive agent, we will advertise your property for sale on
the Website until the property is sold, until you request
the Ad be removed or until this agreement is terminated.
3.3 You
acknowledge that:
(a)
the positioning
of your Ad on the Website will be as determined by Triton
Properties in its absolute discretion; and
(b)
Triton
Properties is not obligated to provide any creative, design,
technical or production services to you other than as set
out in clause 3.1 above.
Warranties
4.1 You warrant that:
(a)
all information provided to
Triton Properties is correct and accurate;
(b) the
pictures or photographs provided for advertising purposes
are true images of the property offered for sale;
(c) all
information and pictures provided to Triton Properties are
not likely to mislead and deceive the public;
(d) you
are a bona fide owner of real property, or a person legally
authorised to sell the property on the owner’s behalf, with
the right to advertise and sell the property; and
(e) the
posting of the Ad on the Website and the listing or sale of
the property will not infringe any third party’s rights.
4.2 Triton Properties
warrants that it is a licensed real estate agent lawfully
authorised to act as in the capacity of real estate agent
for the purposes of selling real property.
Triton Properties does not warrant that:
(a)
the Website will be free from
errors; or
(b)
the Website will be available
and accessible by the public at all times.
Privacy Policy and Terms
of Use
5.1 You agree that you
have read and accepted the terms of the Privacy Policy and
Terms of Use available on the Website.
Advice
6.1 You acknowledge that
Triton Properties Website and any information contained on
the Website should not be regarded as a substitute for
professional legal, financial or real estate advice.
Refunds
7.1 Triton Properties will
not refund any payments made under this agreement unless the
services provided by Triton Properties are shown not to be
fit for their intended purpose or as otherwise required by
law.
7.2 You may not resell,
trade, exchange, barter or broker to any third party any
advertising space, which is the subject of this agreement.
Limitation of Liability
8.1 The parties exclude, to the maximum extent allowed
by law, all terms and warranties expressed or implied by any
legislation, the common law, equity, trade, custom or usage
or otherwise in connection with Triton Properties’
obligations under this agreement.
8.2 If any legislation
implies in this agreement any term or warranty and also
prohibits provisions in a contract excluding or modifying
the application of or liability under that term or
warranty:
(a) that
term or warranty is included in this agreement to the
minimum extent required; and
(b) to
the maximum extent permitted by law, the liability of Triton
Properties for a breach of that term or warranty is limited
to the cost of resupplying the service.
8.3 Triton Properties will not be liable for:
(a)
indirect, special, incidental,
or consequential loss or damage which may arise in respect
of this agreement; or
(b)
loss of profit, business,
revenue, goodwill or anticipated savings.
Disclaimer
9.1 To the extent permitted by law, including but not
limited to any act or omission on the part of Triton
Properties, Triton Properties will not be liable for any
loss, damage, costs or expense whether direct, indirect,
incidental, special and/or consequential, including loss of
profits, business, revenue, goodwill or anticipated savings,
suffered by you in respect of this agreement, suffered as a
result of any failure to sell your property, any use or
access of, or any inability to use or access, or any down
time of, or errors contained within the Website.
9.2 You acknowledge that
it is your sole responsibility to ensure the information
published in the Ad is accurate and error free.
Indemnity
10.1 You agree to indemnify
Triton Properties from and against all actions, claims,
suits, demands, damages, liabilities, costs or expenses
arising out of or in any way connected to this agreement.
Right to Terminate
11.1 If
you breach this agreement Triton Properties may, in its
discretion:
(a)
terminate this agreement;
(b)
permanently or temporarily
remove your Ad from the Website;
(c)
delete, modify or alter any
information contained within your Ad;
(d)
retain the advertising fee;
and/or
(e) take
any other action that Triton Properties is permitted to take
according to law.
11.2 You may terminate this
agreement at any time by giving notice to Triton
Properties. Triton Properties will be entitled to retain
the advertising fee.
Miscellaneous
12.1 This agreement is
governed by and construed in accordance with the laws of the
State of Queensland, Australia. You irrevocably and
unconditionally submit to the non-exclusive jurisdiction of
the Courts of the State of Queensland and Courts of Appeal
from them for determining any dispute concerning this
agreement.
12.2 If any provision of
this agreement is found to be invalid or unenforceable by a
Court of Law, such invalidity or unenforceability will not
affect the remainder of the agreement, which will continue
in full force and effect.
12.3 If Triton Properties
does not act in relation to a breach of this agreement by
you, this does not waive Triton Properties’ rights to act
with respect to subsequent or similar breaches of this
agreement by you.
