The Terms and Conditions of Use are governed by the laws of the State of Queensland, Australia.
The website assquire.com.au is an online generic product information medium that makes Assquire investing Product information available for qualifying applicants wishing to sell and lease a residential property using the Assquire® system explained at www.Assquire.com.au.
The website owners, Mortgage Alternative Pty Ltd ACN 165 856 860 (MAPL), are not involved in the negotiation or actual sale transaction between sellers and buyers and licence this domain to a related company, Haigslea Residential Limited ACN 168 101 479 (HRL) Queensland real estate license number 3995434, which acts as licensed real estate agent for the sellers to Mortgage Alternative buyers. Assquire investors may also purchase homes on conventional terms from vendors and their own real estate agents advertising on an affiliated website BuyOrInvest.com.au who sell on conventional sales terms to Assquire investors, and looking to access Assquire® sales channels for a new channel of ultimate owner occupier buyers (accessible only through a sale first to an Assquire investor). The two separate categories of listings are explained in more detail below.
The website BuyOrInvest.com.au is merely a passive conduit for the on-line distribution and publication of information about properties. See that website for its own terms and conditions of use.
By choosing to use this website to gain more generic information about the Assquire investing Product, you are accepting the Terms and Conditions of Use of this website. Should you object to any of the Terms and Conditions on our website, you should immediately stop using the assquire.com.au website.
Contract Terms May Differ from the Generic Contract Terms Explained on this Website
All parties using Assquire system contracts please note:
Investors and buyers and their advisers should not rely upon any representations made on our websites, in marketing materials or in any discussions with HRL staff or HRL’s distribution channels about the standard Assquire system contracts, features, benefits and risks, as the terms of the seller’s actual sales contracts will prevail and may differ in one or more material respects. No reliance should be made on any materials on the website, in making your final decision to buy and lease the property. We encourage you to obtain your own independent legal and financial advice on the specific contracts before you, either before or after you receive final credit and/or property approval. Precise timing of you seeking that independent advice on the contracts before you is up to you.
Restrictions on Use
This website and the information and facilities contained on this website must not be used in any unlawful way, or for any illegal purpose, or in any manner that infringes the rights of HRL. HRL reserves the right to permanently ban and/or notify the appropriate authorities of any person that uses, or attempts to use, the website or facilities for illegal purposes, or who posts, or attempts to post, abusive, vulgar, offensive, defamatory, hateful, threatening, obscene or sexually-oriented material.
In addition, you must not:
· Data mine or conduct automated searches on the site or the content on the site, whether through the use of additional software or otherwise;
· Incorporate any of the content on the site with any other material, including advertising or promotional material;
· Create links from the site to any other website on the Internet, or frame or mirror the site without our prior written consent;
· Use the site or any facilities available on the site to defame, harass, threaten, menace or offend any person;
· Tamper with, make excessive traffic demands, or hinder the operation of the site in a way that we deem, in our sole discretion , to be inappropriate, unreasonable or disproportionate
· Make unauthorised modifications to the site or any content on the site;
· Knowingly transmit any virus or other disabling feature to or via the site;
· Use the site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
· Use the site or any facilities available on the site for any activities, or transmit to or via the site any information or material (including submitting ads), which:
- Breach any laws or regulations;
- Breach these Terms;
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Infringe a third party’s rights (including intellectual property rights, rights of privacy or their trade secrets);
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Are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
- Are false or misleading;
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Are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
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Identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person’s authority; or
- Attempt to do, or permit another person to do, any of the above acts.
You access the assquire.com.au website at your own risk and you are responsible for compliance with the laws of your jurisdiction and these Terms and Conditions of Use.
Minimum Age and Legal Rights to Sell or Request
You must be at least 18 years of age to purchase/rent a property via the assquire.com.au site.
If you are a vendor, or acting on behalf of a vendor, you must be legally able to sell or rent the property you are advertising.
Access to assquire.com.au site outside Australia
We do not represent or warrant that the content on the website complies with the laws of any country outside of Australia. If you access the website from outside Australia, you do so at your own risk.
Disclaimer
All information contained on this website (including the content of advertisements placed on the website) is for informational purposes only.
HRL does not guarantee or warrant that the information on this website is accurate, current or complete and will not be held responsible for any errors or omissions. HRL does not endorse or approve the content posted on the website and will not be responsible or liable in any way for its content or accuracy.
HRL makes every effort, but cannot guarantee the screening of any content posted on the website prior to publication and is not responsible for and accept no liability for the content.
HRL, its staff or representatives are not liable to users of this website for any loss or damage suffered by a person or entity on the basis of, or in reliance upon, any of the information contained on this website.
Information on, or posted on, this website may be amended by HRL without notice, at any time. HRL reserves the right to remove without notice any information posted on the website for any reason.
HRL provides the website to you unaltered but subject to all defects whether patent or latent. HRL does not warrant or guarantee to you that the website will be available for use at all times and free from faults or errors.
Third Party Content
This website may contain links to other website we own or to other third party websites. These links are provided for your convenience only.
Many of these other websites may not be controlled by HRL. HRL does not endorse or approve of the views or content of these websites. HRL will not be held liable for the content or views contained on these websites or for any loss or damage suffered as a result of your use of a third party website.
Copyright & Trade Marks
The material contained on this website, the software, design, text, graphics and layout comprising the website are owned by MAPLand licensed to HRL and protected by copyright.
You are not authorised to use or modify any of the trademarks or logos (registered or unregistered) on this website without the written permission of MAPL.
You may download and print individual pages of the website assquire.com.au for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the assquire.com.au site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the information, graphics or other material on the assquire.com.au site for commercial purposes or for commercial gain.
Transaction Currency
All transactions are processed in AUD.
Refund Policy
Please choose carefully. We do not normally give refunds for credit application or advertising fees for change of mind or if you make a wrong decision. You can choose between a refund, exchange or credit where our goods or services are faulty, or have been wrongly described or don’t do what they are supposed to do. See also below under the heading “Removal of an Advertisement” for extra details on the no refund policy for advertisements and for what circumstances in which you are obliged (or not obliged) to remove an advertisement.
Security Policy
When purchasing from assquire.com.au your details are passed through industry standard encryption technology. When making online payments your Account Data is not collected, transferred or stored by the website assquire.com.au, all payment forms and processing is fully outsourced to a third party provider. If you have any questions regarding our security policy, please contact our customer support centre at info@mortgagealternative.com.au
Listings
By listing your advertisement with HRL on assquire.com.au, you agree to have the sale of your goods or services posted or advertised by HRL on the assquire.com.au website and mentioned by HRL in any promotional material the company uses into the future, for the purposes of promoting
the assquire.com.au website.
Privacy
HRL may collect personal information about you through this website or one of our affiliated websites such as BuyOrInvest.com.au or mortgagealternative.com.au, or via surveys or competitions or if you subscribe to any services provided by us. This personal information may include your name, contact details and any other specifically requested information (“Information”).
Information collected about you is subject to our Privacy Statement/Policywhich is located at the bottom of this page, here and also here. By your use of this website, you consent to the collection and use of the Information for storage, processing and use by MAPL, HRL and their affiliates and licensees (such as mortgage brokers and real estate agents) of the Assquire® system in accordance with the Privacy Statement.
Severability
If any of these Terms and Conditions of Use is invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
No waiver
If we do not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms and Conditions of Use, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.
Correspondence from HRL
If you register on this site to receive newsletters or other information or updates from us, you consent to receive correspondence from us. This may include email alerts as well as our newsletters. The email alerts and newsletter may contain information about third party products and services and/ or advertisements by third parties. You may change the status of your email alerts or opt-out from receiving our newsletters at any time by notifying us.
If you have listed an advertisement, our correspondence to you may also include information regarding the status of your advertisement, confirmation of the receipt and publication of your advertisement, confirmation of any changes made by you and notification of possible changes to the status of your advertisement. This correspondence forms part of HRL’s service and is necessary for the management of your account. If you do not wish to receive this correspondence you can indicate your preference by notifying us at any time.
Direct Marketing
Use of the information available on assquire.com.au for direct marketing purposes is prohibited. Direct Marketing is defined as one to one marketing which uses one or more advertising media to effect a measurable response and / or transaction from a person and includes, but is not limited to, telemarketing, bulk email messaging, postal canvassing and list brokering.
Changes to these Terms
From time to time, we may need to change these Terms and Conditions of Use to reflect our changing business. We may also need to change these Terms and Conditions of Use if we are required by law, for security reasons or for technical or infrastructure reasons.
We may change the Terms and Conditions of Use at any time by posting the changed Terms and Conditions of Use on the assquire.com.au site.
Agency
We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms and Conditions of Use.
This Agreement constitutes the whole agreement
This document, the online application and any warranties implied by law which are not capable of being excluded or modified embody the whole agreement between the parties. All previous negotiations, representations, warranties, arrangements and statements (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled.
Indemnity
By placing an advertisement on the assquire.com.au website, you indemnify HRL and MAPL against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that HRL and/or MAPL incurs or suffers as a direct or indirect result of:
· a breach by you of these Terms and Conditions of Use;
· an actual or alleged breach by you of any law, legislation, regulation, by-law or code of conduct caused by any advertisement posted on the assquire.com.au site;
· any claims brought by or on behalf of any third party relating to any act or omission by you caused by any advertisement placed on the assquire.com.au site; or
· an advertisement or any proposed advertisement posted by you on the assquire.com.au site.
You are not permitted to:
· Use the information provided on the site for anything other than your own personal or internal business purposes
- On-sell or sub-license the information
· Otherwise disclose or provide the information for anything other than your own personal or internal business purposes
· Alter the format, meaning or substance of the information provided on the site.
Where you are disclosing or otherwise providing the information in any form to any other person in accordance with the permitted use, you are required to:
· Use best endeavours to ensure that the third party who provided the information complies with the relevant Privacy Legislation
· Act reasonably in dealing with any complaints made in relation to the information and the relevant Privacy Legislation
· Notify HRL at privacy@mortgagealternative.com.au of any privacy complaints made in relation to the information with a clear description of the nature and location of the advertisement on our website, to which the complaint relates. Please also place the word “Website Complaint – MA” in the subject heading of your email notification.
Content Provided to HRL
By providing content (in the form of an advertisement or any other form) to HRL, you are agreeing that the information is non-confidential for all purposes. You are granting permission to the public to use, copy, distribute and display your communications.
The supplied content may include text descriptions, graphics, pictures and other content relevant to the good or service that you supply. We reserve the right to modify or refuse any content which appears reasonably unsuitable to us.
You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in the supplied content. In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit.
Subject to these Terms and Conditions of Use, we will use our reasonable endeavours to display your content. However, we make no guarantees or representations regarding the display of the content.
Neither MAPL nor HRL is not liable for any loss caused to you as a result of submitting content to the site.
Placing of Advertisements
The placing of advertisements on the website is subject to these Terms and Conditions of Use.
Agent and Builder Advertisements
MAPL and HRL allow for third party products and services to be advertised, as deemed relevant to our Assquire investor and MA home buyer customer bases.
In making a decision to advertise on this site, you should note that the Assquire system produces two separate places for listing and advertising a residential property on BuyOrInvest.com.au: one for vendors to sell to Assquire investors on conventional terms, and another for home buyers to buy from Assquire investors on extended settlement Assquire system terms.
Only Assquire investors can sell directly to Mortgage Alternative (MA) home buyers on approved extended settlement terms.
MAPL charges a fee to vendors on each listings category on BuyOrInvest.com.au: firstly for vendors to list a property for sale to an Assquire investor on conventional settlement terms; secondly, for Assquire investors to re-list a property for extended sale and rent to an MA home buyer using the Assquire system.
You must be a real estate agent or agency, or a licensed builder or project marketing company in order to place an advertisement for a property on that website, but broader categories can advertise on this website, subject to our absolute discretion to refuse.
If you are a vendor or act for a vendor, that vendor must agree to these terms and conditions, and the agency or builder vendor will only be able to list the property in question for purchase by an Assquire investor only – not directly to a Mortgage Alternative (MA) home buyer.
MA buyers can only purchase from Assquire investors under the Assquire system, and who have appointed HRL as their agent to make that on sale, or where HRL have been appointed to sell the property of a current landlord who is switching to the Assquire system.
See the website BuyOrInvest.com.au for full details.
Content of a For Sale Advertisement
As noted earlier, HRL allows for third party products and services to be advertised, as deemed relevant to our Assquire investor and MA home buyer customer bases.
By providing content (in the form of an advertisement or any other form) to MAPL and/or HRL, you are agreeing that the information is non-confidential for all purposes. You are granting permission to the public to use, copy, distribute and display your communications.
Your advertisement may only include text descriptions, graphics, pictures and other content relevant to your goods or services that you provide. In addition, any phone number or email address provided by you for inclusion in an advertisement must be yours, or you must have permission to use it. You must ensure that any phone number or email address listed in your advertisement is correct. We reserve the right to modify or refuse any ad which appears reasonably unsuitable to us.
You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in your advertisement. In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit as part of your advertisement.
Subject to these Terms and Conditions of Use, we will use our reasonable endeavours to display advertisements in the format our website allows. However, we make no guarantees or representations regarding the display of your advertisement. We also reserve the right to select, edit, condense, determine the duration of, withdraw or refuse an advertisement.
An Assquire investor for whom HRL acts as your agent, to be able to list a property for sale to an MA buyer on the BuyOrInvest.com.au website, must first be an approved seller under HRL’s policies and procedures which include:
1. Agree to appoint HRL as your agent to sell and lease the property in accordance with HRL’s procedures and special conditions for such. Contact HRL or see Assquire.com.au for details;
2. Prepay to HRL the relevant credit and/or property valuation and/or building inspection fees noted in the above agency appointment terms and conditions – see Assquire.com.au for a summary;
3. Agree the Base Price for Listing of the property with HRL as per the Assquire system; and
4. Pay our Listing Fee as outlined in the HRL agency appointment agreement.
HRL does not warrant or guarantee that you will receive a response to your advertisement from potential buyers of your goods or services. Neither MAPL nor HRL is responsible for any misrepresentations made by a potential buyer when enquiring about a good or service that you are selling.
Neither MAPL nor HRL is liable for any loss caused to you as a result of entering into a contract of sale with a buyer or your goods or services who was sourced from any of MAPL’s or HRL’s licensed websites including the following websites:
BuyOrInvest.com.au;
Mortgagealternative.com.au
Assquire.com.au
Buyers and Sellers and Distribution Channels Please Note
These sites can only contain generic and non-specific advice on the Assquire and Mortgage Alternative Products as we do not know of your personal individual circumstances and HRL acts for the seller, not the buyer in an Assquire investor sale to a Mortgage Alternative home buyer.
Readers of this website (including distribution channels, sellers and buyers) should not rely upon any representations made on our websites, in marketing materials or in any discussions with HRL staff or HRL’s distribution channels, as the terms of the seller’s actual sales contracts or distribution agreements for our Products will prevail and may differ. No reliance should be made on any materials on the website, in making your final decision to distribute, sell, purchase and/or lease any property, as the relevant circumstances apply to you.
Promoting Your Goods or Services to Vendors to Assquire Investors
If you are promoting your goods or services to a vendor, you acknowledge that because of the Assquire system, purchasers looking to become Assquire investors may be restricted in their ability to on-sell the property to an MA home buyer because of the Assquire system rules, and so may look to purchase from you on terms such as “subject to Assquire suitability”. This may restrict or discourage some buyers from purchasing your property and by using this site to advertise your property, you are accepting that sales risk.
Vendors who are not Assquire investors, but are looking to sell to Assquire investors on normal conventional terms will be separately categorised by the website BuyOrInvest.com.au and may, however, opt for the price not to be available to potential Assquire investor purchaser browsers. If this is the case, you must be prepared to enter into negotiations once contacted regarding the property.
Removal of an Advertisement
You may cancel or withdraw your advertisement at any time, subject to the comments and limitations listed below. No refunds will be provided on advertisements which have been paid for prior to cancellation or withdrawal.
It is your responsibility to remove your advertisement from the site, if you wish to withdraw it prior to the expiration of the agreed advertising period. Advertising fees are payable monthly in advance, unless otherwise agreed in writing.
Fair Trading Legislation
If you are a commercial advertiser in Victoria, section 29 of the Fair Trading Act 1999 (Victoria) applies to your ad. Section 29 of the Fair Trading Act 1999 (Victoria) requires businesses to identify themselves in their advertisements by publishing the name and/or address of the business, the business registration or licence number, or the business name registration number. If you fail to identify your business by publishing these details, then we must keep a record of your name and address for at least 12 months.
If you are a commercial advertiser in Tasmania, section 23 of the Fair Trading Act 1990 (Tasmania) applies to your advertisement. Section 23 of the Fair Trading Act 1990 (Tasmania) prohibits businesses from listing their address as a private box number unless the advertisement also includes the business’ name and business address or the name and residential address of the person who has rented or obtained the private box number.
Support
HRL provides email support to you for technical issues that may arise from time to time.
You acknowledge that HRL will use their best endeavours when providing support but are not obliged to have a solution for each and every technical issue that may arise.
Fees and Payment Terms
Fees for various products and services are as displayed on the website.
Any fees you pay to place an advertisement, or consume any other service on or via the assquire.com.au site do not grant you exclusive rights to any web pages on the assquire.com.au site. We may, without your consent or any payment to you, place third party advertisements on any web page within the assquire.com.au site.
We do not accept your advertisement for approval until a successful payment has been confirmed.
GST
All prices on the website are inclusive of GST.
You are responsible for paying all fees and taxes (including GST) associated with consuming any services on the site.