Welcome to the Audacious Buyers Agents website at www.audaciousbuyersagents.com.au (the “Website”).
Please take a moment to read the following terms and conditions carefully. These Terms of Use govern your commercial relationship with us and set forth legally binding provisions regulating your use of our website.
To assist you, we’ve provided summaries of our Terms of Use on this page. The summaries are for convenience and are located in the right-hand column. Please note that the summaries are not a substitute for reading the full terms (the operative provisions) in the left-hand column. The operative provisions are legally binding, while the summaries are not legally binding and do not serve as a mechanism for resolving any ambiguities (if they arise) within the full Terms of Use.
Please refer to the Dictionary in clause 14 of these Terms of Use for definitions and interpretation provisions that apply.
Operative Provisions
1. Acceptance and Modification of These Terms of Use
1.1. You may only access, browse, and use our Website if you accept these Terms of Use. By accessing, browsing, and/or using our Website, you confirm that you have read, understood, and unconditionally agree to be legally bound by these Terms of Use and any related documents (including our Privacy Policy).
1.2. We reserve the right to modify or replace these Terms of Use and any related information (including our Privacy Policy) at any time without prior notice.
1.3. The most recent version of these Terms of Use will always be available on this webpage.
1.4. If you do not accept these Terms of Use, you must not use the Website.
2. Accuracy of Content
2.1. We do not guarantee that the information on this Website, including images and property descriptions, is accurate, correct, up-to-date, or error-free.
2.2. We may not have verified details such as floor areas, property sizes, or descriptions published on the Website.
2.3. Before making any decisions based on the information available about properties on this Website, you must independently verify the accuracy of any details you intend to rely on.
3. Website Availability and Restrictions
3.1. We do not guarantee that the Website will be available without interruption or errors. We may take the Website offline from time to time for maintenance.
3.2. You acknowledge that access to and use of the Website depend on the proper functioning of the Internet and associated networks, and we are not responsible for any performance issues related to these factors.
3.3. You may only use the Website as permitted under these Terms of Use and may not engage in actions that could invalidate or infringe our intellectual property rights. Specifically, you must not:
- Copy, scrape, reproduce, sell, lease, or otherwise distribute the Website or its content without permission.
- Modify, adapt, reverse-engineer, or create derivative works from the Website except as expressly allowed by law.
- Use the Website in ways that infringe on our intellectual property or third-party rights.
3.4. You must not use the Website or its content for illegal activities or to violate any person’s legal rights.
4. Acceptable Use Policy
4.1. You agree not to use the Website for:
- Violating the legal rights of others.
- Engaging in fraudulent or illegal activities, including theft, fraud, and distributing malicious software.
- Committing security breaches or disrupting network communications, including unauthorized access to data or systems.
- Sending unsolicited emails, harassment, or using the Website for spam-related activities.
5. Intellectual Property Rights
5.1. These Terms of Use do not transfer any intellectual property rights to you.
5.2. All intellectual property rights in the Website remain with Audacious Buyers Agents.
5.3. You have no rights to modify, copy, or otherwise use the Website or its content beyond the rights temporarily granted under these Terms of Use.
5.4. Any suggestions or improvements you provide related to the Website become our exclusive property immediately upon submission.
6. Responsibility for Other Users
6.1. We are not responsible for the conduct of any users on the Website.
6.2. If you believe another user is violating these Terms of Use, please contact us.
6.3. We are not a party to transactions between users and are not responsible for the goods, services, or agreements made through the Website.
7. Responsibility for Third-Party Claims
7.1. You agree to indemnify Audacious Buyers Agents against any claims or complaints made by third parties related to:
- Your use of the Website
- Your goods, services, or marketing practices.
8. Hyperlinks
8.1. We do not endorse or recommend any external websites linked from the Website.
9. Liability
9.1. Except for non-excludable guarantees, we make no representation that the content on the Website is accurate or error-free.
9.2. The information on the Website does not constitute professional advice. You should seek appropriate legal, financial, or other advice before making decisions based on this information.
9.3. We are not liable for any indirect, special, or consequential loss, including loss of profit or data.
9.4. Our liability is limited to a maximum of $200, except in cases where liability cannot be excluded by law.
10. Warranties – Australian Consumer Law
10.1. Any goods and services provided by Audacious Buyers Agents through the Website may be subject to non-excludable guarantees under Australian Consumer Law.
10.2. If you are a consumer under the Australian Consumer Law, you have certain rights that cannot be excluded. In case of a breach, we may limit our liability by repairing or replacing goods or services or offering a refund, depending on the nature of the breach.
10.3. Except for non-excludable guarantees, all other warranties or guarantees are excluded to the extent permitted by law.
11. Termination
11.1. We may terminate these Terms of Use and your access to the Website at any time without notice.
11.2. We may remove the Website or any part of it at any time without notice.
11.3. Termination does not affect any rights accrued before the termination date.
12. Notices
12.1. Any notices between you and us should be in writing and sent by email, post, or hand delivery.
12.2. You may contact us using the contact details provided on our website.
13. General
13.1. All rights not expressly granted to you under these Terms of Use are reserved by Audacious Buyers Agents.
13.2. These Terms of Use may be amended at any time.
13.3. You may not assign or transfer your rights or obligations without our consent. We may assign our rights and obligations at any time.
13.4. If any provision of these Terms of Use is deemed invalid, the remainder will remain in effect.
13.5. These Terms of Use constitute the entire agreement between you and Audacious Buyers Agents concerning the Website.
13.6. These Terms of Use will be governed by the laws of Queensland, Australia and you submit to the non-exclusive jurisdiction of Queensland, Australia courts.
14. Dictionary and Interpretation Provisions
14.1. Definitions
In these Terms of Use:
- Australian Consumer Law refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- Business Day means Monday to Friday, excluding public holidays in Queensland, Australia.
- Intellectual Property Rights include all copyright, trademark, patent, and design rights, whether registered or not.
14.2. Interpretation
- Headings are for convenience and do not affect the construction of these Terms of Use.
- References to time are based on the local time in Queensland, Australia.
- “Includes” and similar words are not limiting.