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Agents' Terms and Conditions For Uploading Information

  1. This Website is owned and operated by motivatedvendors.com Pty Ltd ACN 117 373 985 trading as Motivated Vendors.com (referred in these terms and conditions as Motivated Vendors).
  2. These terms and conditions apply to the uploading of information and material to www.motivatedvendors.com (the Website) and the display of properties on the Website.
  3. Receipt of the subscription form by Motivated Vendors, will constitute acceptance by you of these terms and conditions.

1. UPLOADING INFORMATION

1.1 You represent and warrant in relation to any information and material provided by you to Motivated Vendors that:

(a) You are authorised to provide the material including:

  1. You hold a current real estate agent's licence in the State in which you operate;
  2. You are authorised to advertise the properties for sale;
  3. The material or information is not illegal, defamatory, misleading or deceptive or in breach of any copyright or intellectual property rights.
1.2 Motivated Vendors is not responsible for the content of any information or material uploaded to the Website or any errors or omissions contained in any such material.
1.3 By uploading material to the Website, you are granting Motivated Vendors a perpetual, non-exclusive and payment free licence throughout the world, to reproduce, use and exploit the intellectual property as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users.

2. REMOVING INFORMATION

2.1 Motivated Vendors may remove any material and/or information from the Website at any time without giving any explanation.

3. TERM

3.1 This Agreement will have an initial term of 12 months from the date of this Agreement. Upon the expiry of this Term or any renewal (the Term), this Agreement will continue on a month to month basis on the same terms unless written notice is received by Motivated Vendors that you do not wish to renew the Agreement.
3.2 Motivated Vendors may terminate this Agreement at any time on the provision of seven (7) clear days' written notice for any reason whatsoever.

4. "MUST BE SOLD"

4.1 If you upload material into the "Must be Sold" section of the Website you agree that any property listed may remain listed for a maximum of 30 days.

5. LIMITATION OF LIABILITY

5.1 To the full extent permitted by law, Motivated Vendors' liability for any implied warranty or condition is limited, at the choice of Motivated Vendors, to, in the case of services supplied or offered by Motivated Vendors:
  1. The supply of the services again; or
  2. The payment of the cost of having the services supplied again.
5.2 If there is a breach of an implied warranty or condition related to goods, Motivated Vendors' liability will be limited to:
  1. The replacement of the goods or the supply of equivalent goods;
  2. The repair of such goods; or
  3. The payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
5.3 In no circumstances will Motivated Vendors be liable to you for any indirect, incidental, special and/or consequential losses or damage or loss of profits of whatever nature howsoever arising, which result from the use of the Website.

6. TERMINATION

6.1 Motivated Vendors may terminate this Agreement by providing 14 days written notice for any reason whatsoever.
6.2 Without limiting any other rights, Motivated Vendors may suspend access to the Website and remove uploaded information if you fail to pay any fees by the due date.
6.3 If you breach this Agreement and fail to rectify that breach within 14 days of receiving notice from Motivated Vendors.

7. APPLICABLE LAW

7.1 This Agreement will be governed by and interpreted in accordance with the laws of Queensland and you agree to the jurisdiction of the courts of Queensland to determine any dispute arising out of this Agreement.

8. OTHER DOCUMENTS

8.1 You acknowledge reading this Agreement, the Motivated Vendors' Internet Privacy Policy, together with any additional terms, conditions, notices and disclaimers contained elsewhere on the Website.
8.2 Motivated Vendors reserves the right to vary the terms and conditions of this Agreement.