Welcome to ibuynew.com.au (“our Site”).
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at firstname.lastname@example.org before using our Site or engaging our services.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
- ACCEPTANCE OF TERMS
By browsing, accessing, downloading or using the services offered on our Site,
whether or not you engage our services, you acknowledge that you have read and
understood these Terms and agree to be bound by them.
- VARIATIONS TO TERMS
We reserve the right, in our sole discretion, to vary, change or amend any part of
In that event, we will provide notice of the variation by publishing the updated
Terms on our Site.
- The updated Terms will be taken to have effect on the date of publication.
Your continued use of our services and the Site constitutes your acceptance of the
updated Terms and is taken as your agreement to be bound by these updated Terms.
Should you object or disagree to the Terms, your only remedy is to contact us at
email@example.com and immediately
discontinue your use of the services.
The information on the Site, including but not limited to, in any publications,
Agent Content, Partner Content and any information provided by us, our employees,
agents, affiliates and representatives or our related bodies corporate and their
employees, agents, affiliates and representatives, does not purport to offer
legal, financial, property or professional advice. Use caution and always seek
professional advice before acting on any information provided on the Site or
that we provide directly to you.
The content on the Site and any information we, our employees, affiliates and
representatives provide you is for general information and promotional purposes
only. We do not warrant or make any representations as to any third party products
or services described or referred to on the Site, including any Agent Content or
Any use of the content on the Site, including but not limited to, Agent Content,
Partner Content or other materials or information uploaded to the Site by another
person or organisation is at your own risk. You acknowledge and agree that we will
not be liable for any inaccuracies in data or information presented on the Site.
You should confirm any such data or information with the person or organisation
to which it relates.
It is your responsibility to independently verify the information made available
on the Site. We make no warranties that information on the Site is reliable,
complete, accurate or up-to-date. Information on this Site is subject to change.
You acknowledge and agree that we are not liable for the accuracy or content of
any Agent Content or Partner Content.
We rely on third parties to supply the Agent Content and the Partner Content
and we therefore do not warrant the quality or accuracy of the results. To the
extent permitted by Law, you acknowledge and agree that we have no liability
arising out of any results or recommendations produced by the Site, and you
are solely responsible for the final choice of any property, house design,
apartment design, house, apartment, house & land package, land lot, land estate,
land development or apartment development that you may choose.
We provide our Site and services on an "as-is" and "as available" basis and
whilst every effort is taken to ensure the service provided and the Website is
accurate, we make no representations and give no guarantees or warranties about
the suitability, reliability, availability and/or accuracy of our services and
the content on Site for any purpose.
You acknowledge and agree that the content on the Site is obtained and developed
from a variety of sources including but not limited to collaborations with third
parties and information provided by third parties under licence. Inclusion of
Agent Content or Partner Content or other information uploaded by any other
person or organisation on the Site is not an endorsement of any organisation,
product or service by us.
You acknowledge and agree that the information on the Site is subject to change
and is based on information that was available to us at the time it was published.
Information contained on the Site should not be relied upon and you should make
your own enquiries and seek legal advice in respect of any property or
development listed on the Site or the information about the property or
development listing contained on the Site.
Prices displayed on the Site are current at the time of issue, but may change at
any time and are subject to availability.
You acknowledge and agree that we, our employees, affiliates and representatives
are not responsible for decisions that you may make, or for any consequences,
undesired or otherwise, that may flow from your engagement of the Site or
We expressly disclaim any and all claims arising from any representations made,
whether express or implied, or reliance upon any representations made in
relation to our recommendations, or information supplied to you. You also
acknowledge and agree to hold us harmless for any loss suffered as a result of
our recommendations and information supplied in connection with our services
or on this Site.
Any material, downloaded or otherwise, or services obtained through the use of
our Site is done at your own discretion and risk, and you will be solely
responsible for any damage to your computer system or other device or loss of
data that result from the download of any such material.
Any testimonials and examples of our services, wherever published
(online or in print) are not to be taken as a guarantee that you will achieve
the same or similar results.
- We do not represent or warrant:
- that your use of the Site will meet your requirements;
that your use will be uninterrupted, timely, secure or free from error;
the accuracy of any information obtained by you as a result of your use
of the Site; and
that defects in the operation or functionality of any part of the Site
will be corrected.
- REGISTERING YOUR DETAILS
- We may ask you to register an account with us to access certain services.
You must provide accurate, complete and up-to-date registration information,
as requested, and it is your responsibility to inform us of any changes to your
- We may at any time request a form of identification to verify your identity.
- If you are a registered user or member to this Site, you acknowledge and agree
You are solely responsible for protection and confidentiality of any
password or member identification that may be issued to or subscribed
for by you from time to time (Password);
You will not reveal (or cause to be revealed through any act or omission)
your Password to any other person;
You will immediately notify us if your Password is lost or becomes known
to any other person;
You are solely responsible for all access to and use of this site via
your Password, whether such access or use is by you or any other person; and
To the extent that you provide personal information, we will treat such
You must ensure the security and confidentiality of your registration details,
including any username and/or Password. You must notify us immediately if you
become aware of any unauthorised use of your registered details.
You will not let any other person use your Password or any registered user
or member services.
- YOUR OBLIGATIONS
- During the delivery of our services, you agree to:
- respond promptly to our communications in relation to our services;
maintain the confidentiality of any information disclosed to you by
iBuyNew and manage any personal information which you may obtain access
to in accordance with relevant privacy laws;
provide, within a reasonable amount of time, accurate, complete and
current information or documentation reasonably required by us to
perform the services; and
- act in good faith.
When providing our services, we may request that you provide us with responses,
feedback, completed questionnaires, and other information so we can best deliver
our services. You agree that you will provide any such information in a timely
manner. Any delays in receiving this information may result in information not
being provided by us to you.
- PROHIBITED USES
You agree that in accessing and using our Site, or uploading Agent Content or
Partner Content, you will not engage or attempt to engage in any activities that:
post, link to, or otherwise communicate or distribute any material or
information of any kind which brings iBuyNew or the Site into disrepute,
or that questions or suggests that iBuyNew is not independent from the
Agents or Partners listed on the Site or any misleading, deceptive,
inappropriate, profane, defamatory, infringing, obscene, threatening,
discriminatory, harassing, abusive, offensive, racially or sexually
vilifying, indecent or unlawful material or information of any kind,
or otherwise use the Site in a manner, which is unlawful or would infringe
the rights of another person including any intellectual property rights;
subject to clauses 7.4 and 7.5, are commercial, including selling,
marketing, advertising, or promoting goods or services or exploits the
Site for your own commercial or unlawful purposes or the commercial or
unlawful purposes of any other person (including the posting of
advertisements, solicitors, promotional materials, spam or any other
materials that are contrary to our commercial or lawful interests);
download (other than page caching) or modify the Site or any portion
of the Site;
- impersonate or falsely claim to represent a person or organisation;
bypass (or attempt to bypass) any security mechanisms imposed by the Site;
provides access or links to any material (including links to peer to
peer network trackers/beacons) which may infringe the intellectual
property rights of another person;
deletes or alters or attempts to delete or alter attributions, legal
notices, trademarks or copyright marks on any material contained in
knowingly posts or transmits or permits the posting or transmission of
any material, which contains a computer virus or other harmful data,
code or material;
- solicit information (including login information); or
post, link to, or otherwise communicate or distribute any material or
information that we deem inappropriate.
- AGENT CONTENT AND PARTNER CONTENT
References to an Agent in this clause means, real estate agent or agency,
developer, broker, property owner, builder, land developer, marketing agent or
agency, property vendor and any other party that we permit to upload content to
- References to a Partner means a category partner of iBuyNew.
This clause is subject to the terms applicable to the particular listing
agreement, selling agreement, distribution agreement, advertising agreement
or category partner agreement (Commercial Agreement) that applies
to you. This clause will apply to you too. The relevant subscription package or
category partner agreement will prevail to the extent of any inconsistency.
If you are an Agent, as defined in clause 7.1, and have entered a Commercial
Agreement, as define in clause 7.3, with us, iBuyNew grants you a non-exclusive
and non-transferable licence to use the Site for the limited commercial purpose
of promoting your house, apartment, land lot, land or apartment development,
house design, apartment design, house & land package (or other products and
services in connection with your profile) to buyers and the general public who
access or use the Site, subject to the restrictions specified in clause 6 and
elsewhere in these Terms. The Site is not to be otherwise used for commercial
If you are a Partner, iBuyNew grants you a non-exclusive and non-transferable
licence to use the Site for the limited commercial purpose of promoting your
products and services (as set out in the particular category partner agreement)
to buyers and the general public who access or use the Site, subject to the
restrictions specified in clause 6 and elsewhere in these Terms. The Site is not
to be otherwise used for commercial exploitation.
When you enter a Commercial Agreement with us, you may send to iBuyNew for upload
or may upload directly (if consented to and facilitated by iBuyNew), onto the
Website, information and data regarding:
and you hereby provide us with a perpetual, non-exclusive, royalty free,
irrevocable, transferrable and worldwide licence to locate and upload relevant
information from your website or any other platform to which you have provided
if you are an Agent, as defined in clause 7.1, the details and
specifications of your home, apartment, land lot, land estate, land
development, apartment development, house design, apartment design,
house & land package, including images (such as photographs and floor
plans, where relevant), videos, your business' name and logo, and other
material, comment, content, communication or text (including promotional
wording for feature listings and other promotions you may wish to apply
to your listings) to add to our Site. All material you send to iBuyNew
for upload or that you upload directly onto the Website will be
your Agent Content; and
if you are a Partner, advertising for your business and tools that users
may use (such as mortgage calculators, energy estimation tools and store
locators), including images, videos, your business' name and logo, and
other material, comment, content, communication or text (including
promotional wording, articles, tools, applications and other promotions
in relation to your business that you wish to advertise) to add to our
Site. All material you send to iBuyNew for upload or that you upload
directly onto the Website will be your Partner Content,
Any Agent Content or Partner Content you upload or that you send to iBuyNew to
upload to our Website:
- can be accessed and viewed by the public; and
can be used by us in accordance with the licence terms set out in
clause 7.9 including to promote our Site.
You agree to be solely responsible for any Agent Content or Partner Content that
you upload to the Site or that you provide to us to upload to the Site. You
warrant and represent that any Agent Content or Partner Content uploaded to
the Site will not violate these Terms.
You retain ownership of all intellectual property rights in the Agent Content or
Partner Content that is uploaded to our Site. By uploading the Agent Content or
Partner Content you grant us a perpetual, non-exclusive, royalty free,
irrevocable, transferrable and worldwide licence to use, copy, communicate,
reproduce, display, publish, broadcast and transmit for the purpose of listing,
promoting and advertising on our Website.
You consent to your Agent Content or Partner Content being altered, edited or
adapted by us for any reason including to ensure your Agent Content or Partner
Content does not infringe these Terms. To the extent that you have any moral
rights (pursuant to the Copyright Act 1968 (Cth)) in the Agent Content or
Partner Content, by agreeing to these Terms, you provide an unconditional
consent in favour of us, our successors, assignees, licensees and any other
person authorised by any of them to use and deal with your Agent Content or
Partner Content (whether or not currently in existence), to perform, exhibit,
reproduce and communicate any part of your Agent Content or Partner Content in
any medium and anywhere in the world without attributing you or any other person
as an author of or contributor to that Agent Content or Partner Content.
Where the Agent Content or Partner Content uploaded by you or by us to our Site,
contains material from other third parties, you warrant that you have obtained
the moral rights consents similar to those described in clause 7.10 above from
such third parties.
We may, at any time, access or examine any Agent Content or Partner Content and,
at our sole discretion, move, remove, block, modify, edit, refuse to upload or
disable access to Agent Content or Partner Content which we consider, in our
reasonable discretion, to breach any Law or to be otherwise unacceptable.
- You acknowledge that we:
have no responsibility or liability for the deletion or failure to store
any Agent Content or Partner Content uploaded by you or your representative
or agent on the Website; and
are not responsible for any Agent Content or Partner Content uploaded to
our Website, nor are we under any obligation to monitor, move, remove,
edit, refuse to upload or disable access to it.
- You represent and warrant that:
you own the Agent Content or Partner Content or have the necessary
licenses, rights, consents, and permissions to publish the Agent Content
or Partner Content that is uploaded on the Website;
you have the right and power to grant the licence contained in clause
7.9 to us;
the Agent Content or Partner Content uploaded by you will not infringe
the intellectual property rights of any third party; and
you will not upload Agent Content or Partner Content that will cause you
to breach these Terms.
You understand that we do not guarantee any confidentiality with respect to
any Agent Content or Partner Content you upload to our Website.
You acknowledge and agree that we are under no obligation to take legal action in
relation to, commencing, defending, enforcing, settling or compromising
(as appropriate) any infringement, claim or actions relating to your
intellectual property rights in Agent Content or Partner Content.
- COPYRIGHT AND TRADE MARK NOTICES
All material on this Site, or otherwise delivered by us via our services,
including (but not limited to) templates, information, text, graphics,
information architecture and coding (Site Content), is subject to copyright.
While you may browse or print the Site Content for non-commercial, personal or
internal business use, you must obtain our prior written permission if you would
like to use, copy or reproduce it. Modification of the Site Content for any other
purpose is a violation of our copyright and other proprietary rights, and is
You acknowledge that you do not acquire any ownership rights by using the Site or
the Site Content.
The trade marks, logos, and service marks displayed on our Site to denote our
brand or the brand of third parties (such as sponsors, advertisers, partners
or developers) are either registered or unregistered trade marks of us or third
parties (Trade Marks). The Trade Marks, whether registered or
unregistered, may not be used in connection with any product or service that does
not belong to us or the relevant third party, in any manner that is likely to cause
confusion with customers, or in any manner that disparages us or the relevant third
Nothing contained on this Site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any the Trade
Marks without the express written permission of iBuyNew or the relevant third party.
You agree that damages may be an inadequate remedy to a breach of these Terms
and acknowledge that iBuyNew or the relevant third party will be entitled to seek
injunctive relief if such steps are necessary to prevent violations of its
intellectual property rights.
- RIGHT TO SUSPEND AND TERMINATE
We may at any time immediately suspend or terminate your access (including
restricting access) to the Site or any feature of the Site for any reason
(including due to your breach or alleged breach of these Terms) in our
reasonable discretion and without prior notice. Any licenses, consents and
indemnities given by you and any limitations of our liability survive such
- PROMOTIONS AND OFFERS
The Site may display advertisements and promotions, subject to these Terms. Any
advertising or promotion on the Site does not imply an endorsement or
recommendation by us. Information on the Site, including in any advertisements
or promotions, does not constitute legal, financial or property advice.
- LIABILITY IS LIMITED
The disclaimers, limitations of liability and indemnities within these Terms do
not exclude rights that may not be excluded by law, including but not limited to,
those rights under the Australian Consumer Law.
We do not make any express or implied representation or warranty and shall not
be liable, in contract, tort (including negligence) or otherwise, for any direct,
indirect, special or consequential loss, damages or reliance, in connection with
our Site or any of our services.
In no event will we be liable for any damages whatsoever, including but not
limited to any direct, indirect, special, consequential, punitive or incidental
damages, or damages for loss of use, profits, data or other intangibles, or the
cost of procurement of substitute products or services arising out of or related
to the use, inability to use, unauthorised use, performance or non-performance
of or reliance upon this Site or our services.
These limitations and terms include (but are not restricted to) loss or damage you
might suffer as a result of:
Reliance on the completeness, accuracy, suitability or currency of
information, services irrespective of any verifying measures taken by
us (including third party material and advertisements).
Failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission, computer
virus or harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records.
Accessing websites or servers maintained by other organisations through
links on our Site. Links are provided for convenience only. We do not
endorse linked websites nor their services and you access them at your
The use of credit card or other financial information, failure to
complete (or delay in completing) any transaction, or other loss or damage
arising from any transaction made or attempted on our Site.
- YOUR INDEMNITY
You agree to indemnify and hold us, our officers, agents, representatives,
partners, directors, shareholders, employees and subcontractors, related bodies
corporate and their agents, partners and representatives, harmless against any
direct losses, liabilities, costs, charges or expenses and all interest,
penalties and legal costs (calculated on a full indemnity basis) and all other
reasonable professional costs and expenses suffered or incurred by us arising
out of or in connection with:
- your use of our services;
any claim made against us or you by a third party arising out of or in
connection with the provision of our services and/or these Terms;
- any breach of these Terms by you;
any reliance by you or a third party on our services or any advice or
information provided in connection with the provision of our Services
and/or these Terms;
- the enforcement of these Terms; and
- any negligent act, omission or wilful misconduct on your part.
You must make payments under this clause in full without set-off or counterclaim.
- This clause survives termination of these Terms.
- NO DISPARAGEMENT
At all times, you must not make any public or private statement or comment,
whether oral or in writing, which in our reasonable opinion is adverse to the
interest, reputation or commercial standing of or is in any respect a disparaging
remark or representation about us and/or any of our services nor any statement
that is false and does or has the tendency to damage our reputation of by any
method including but not limited to any social media platform or review website
anywhere in the world.
Should you breach this clause, you hereby indemnify us in accordance with
clause 12 above.
- LINKED WEBSITES, AFFILIATES OR SPONSORS
Regarding any links to other websites on our Site
(Third Party Websites), you acknowledge that those websites are
operated by third parties and not us and, therefore, are out of our control. You
acknowledge and agree that we are not liable for those Third Party Websites or
for any loss or damage that may arise from your use of them. Your use of any
Third Party Websites will be subject to the terms and conditions of that website.
As affiliates of certain services we may also receive compensation for
recommending, endorsing or promoting services as featured on our Site or in the
course of delivering our services. Any affiliation or sponsorship is for
remuneration purposes only and is not an expression of our own recommendation,
endorsement or promotion of those services which are not our own.
You acknowledge and understand that by engaging our services, we may also be
eligible to receive rebates, referral fees, lead fees, sale fees, commissions,
subscription fees and volume bonuses from our trade partners or affiliates.
We make no representation or warranty as to the recommendations, endorsements or
promotions we make of certain services, unless expressly stated otherwise.
You acknowledge and agree that any remuneration or other non-monetary benefit we
receive from our affiliated, endorsed or sponsored services is for the purposes
of that affiliation, endorsement and sponsorship only. We expressly disclaim any
liability arising from your use or reliance of any recommended, endorsed or
promoted services by us which are not our own and caution you to make your own
independent inquiry prior to any such use or purchase.
If any provision of these Terms is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms, which shall remain in full force
- NO ASSIGNMENT
You cannot transfer or assign your rights in accordance with these Terms,
including any membership or registration with us, without our prior written consent.
We may assign or transfer our rights and obligations under these Terms at any
time, upon prior written notice to you of at least 4 calendar weeks.
- BINDING ON SUCCESSORS
These Terms shall be for the benefit of and binding upon the parties and their
heirs, executors, successors and permitted assigns.
- NO ADVERSE CONTRACTION
The contra proferentem rule and other rules of construction will not
apply to disadvantage a party whether that party put the clause forward, was
responsible for drafting all or part of it or would otherwise benefit from it.
No waiver by a party of a provision of these Terms is binding, unless made
- DISPUTE RESOLUTION
If a dispute arises between the parties in relation to these Terms, the dispute
must be dealt with in accordance with this clause.
Any party claiming that a dispute exists must notify the other party to the
dispute (Second Party) in writing of the nature of the dispute.
In the case of claims against us, all notices are to be provided to
If the dispute is not resolved by agreement within 5 business days of the Second
Party receiving the notice referred to above, either party may refer the matter
to mediation conducted by a mediator agreed between the parties within a further
5 business days or failing agreement within that period, as appointed by the
executive director for the time being of the Australian Commercial Disputes
- Once a mediator is appointed, the parties agree that:
The costs of the mediator shall be borne equally between the
The chosen mediator shall determine the procedures for mediation.
The chosen mediator will not have the power or authority to make any
other determination in relation to the dispute.
If the parties have not mediated a resolution of the dispute within 10 business
days of the selection of a mediator, neither party shall be obliged to continue
any attempt at mediation under this clause, and either party may then commence
such legal proceedings as it considers fit in relation to the dispute.
Nothing in this clause prevents a party from commencing proceedings seeking
urgent interlocutory relief from a court of competent jurisdiction to hear the
matter, if, in that party’s reasonable opinion, it is necessary to protect
Despite the existence of a dispute the parties must continue to comply with their
obligations under the contract.
- This clause survives termination of these Terms.
- APPLICABLE LAW
These Terms shall be construed in accordance with and governed by the laws
of Victoria, Australia. You consent to the exclusive jurisdiction of the courts
in Victoria to determine any matter or dispute which arises between us.
- YOUR FEEDBACK
We welcome enquiries or feedback on our Site. Unless specifically stated by
you, we shall treat any information you provide us with, as non-proprietary and
If you have questions or comments regarding this Site or our services, please
email us at firstname.lastname@example.org.
These Terms were last updated on 24 September 2020.