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BPN Contract and Terms and Conditions of Use.

By signing up to The Australian Property Network you agree to the following contract, membership fee, membership agreement, commission sharing agreement and terms of use.

Please note that this contract and the terms contained within is subject to change.  The current valid contract will be published on the www.search-property.com website and we recommend you check regularly for amendments.

This agreement is between:
The Search Property Group LLC (The Company) owners of The Search Property Group (SPG). This agreement covers membership to SPG and listings and transactions of properties through SPG and other network sites.

The Client

A Client may be:

    1. An individual Owner
    2. A Commercial Agent (Real Estate Agent, Mortgage Broker, Financial Advisor etc)

Property Listing Services

Members may list unlimited amounts of properties with no charge.
Property listings must meet our listing conditions as detailed below.
Properties will only be advertised on network websites that are relevant to the property's location.

Term

This agreement is automatically renewable annually unless cancellation notice is given.
Properties automatically expire after 6 months and have to be renewed.

Cancellation

The client may, by giving notice in writing to SPG, cancel this agreement anytime by email to SPG.

Charges for Enquiries / Leads

Members agree to purchase lead credits at the current advertised rate.
When an enquiry is made for a property, the listing member will receive an email with the name, property details and any comments entered. They can then follow a link to view the contact details in exchange for 1 lead credit. A further link will be provided to purchase lead credits.
All enquiries are saved in the members area of www.search-property.com where further links are provided to view enquiry details and purchase lead credits.
Lead credits may be sold individually or in discounted bulk packages.

Listing Conditions

All properties are checked before being allowed live on the network. SPG reserves the right to reject the following:

    1. Duplicate Properties
    2. Misleading Descriptions
    3. Descriptions including links to other websites
    4. Unsuitable Photography
    5. Insufficient photographs.
    6. Incomplete data.

The Network is governed by a published 'Code of Conduct' which the Client hereby agrees to abide by.

Terms of Use

These terms apply to all users of the www.search-property.com website and all affiliated websites whereby a user is defined as an individual or company that is viewing, downloading, reproducing data or printing any or all pages of the website, www.search-property.com.

By using the www.search-property.com website you agree to be bound by these Terms of Use and by other terms in the website which relate to a particular subject matter.

Within this website there may be other terms which relate to a particular subject matter. Such terms together with these Terms of Use will apply to the use of the www.search-property.com website.

Copying

All rights, including copyright in material and database rights in databases, in the content of www.search-property.com web pages are owned or controlled for these purposes by SPG. Users may only view and print hard copies of this website for their own personal use. Users may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from the www.search-property.com website for any other purpose, including in particular any purpose which publicly re-sells or re-uses the materials without the express permission of SPG.

Trade Marks

The trademark ‘www.search-property.com’ and the logo displayed in this website are trademarks of SPG Other product and organisation names mentioned in this website may be the trademark or registered trademark of their respective owners. Any goodwill in trademarks appearing in this website belongs to SPG or the relevant owner of the trademark. Nothing in this website should be taken as conferring by implication or otherwise any licence or right to use any trade mark displayed on the www.search-property.com website without the prior written approval of the SPG or the owner of the relevant trademark.

Warranties and Disclaimers

The www.search-property.com website and the content, names, text and images included on it are provided 'AS IS'. While reasonable care has been taken in the preparation of this website to ensure that the information contained on it is accurate, no warranty or representation of satisfactory quality or fitness for a particular purpose, non-infringement of title, whether express or implied, is given, nor is any warranty or representation given that the information, materials and software downloaded from the website are free from errors, viruses, defects or inaccuracy.
To the extent permitted by applicable laws, no liability is accepted for any direct, indirect or consequential loss or damage however resulting from the access to and use of the www.search-property.com website and the information and materials contained on them.

Listing Rights

The SPG can not be held responsible for accuracy or legality of member agents property listings nor to the accuracy of said listings. The rights of the listing member apply under the presumed status that the member agent possesses all rights to market and/or advertise the properties which they are listing. Any member agent found listing or providing inaccurate or false information or representing information of any kind that they do not possess documented evidence of rights to do so will be stricken immediately from the www.search-property.com website, and no refund for any monies paid will be provided. In the event whereby a particular property owner has expressed advertising / marketing rights of any kind to a multitude of agencies and/or individuals, the SPG will authorise the listing for only the first member agent. This disqualifies listing for all other member agents of this particular property until such time that the listing member agent removes the listing.
The SPG reserves the right at any time to reject listings based on premises of insufficient data, inaccurate data, data that is misrepresentative or falls under any other criteria that the SPG deems sub-value, this includes but does not limit such reasons as poor quality photography, incorrect spelling, and data entered in languages other than English.
The SPG retains the rights for any data to be provided through the www.search-property.com website to be marketed or advertised through whatever media they so choose, and through due diligence, member agents will be informed of such prior to deployment. This includes but does not limit any submitted photography, text, or data of any kind relayed through the SPG network, including verbally or via any form of communication.

Other Websites

Links contained in the www.search-property.com website may lead to websites not under the control of SPG and the company is not responsible for and accepts no liability in respect of the content of any linked site or any link contained in a linked site. Users link to any linked sites at their own risk.
Users shall not be entitled (nor shall they assist others) to set up links from their own websites to the www.search-property.com website (whether by hypertext linking, deep-linking, framing, tagging or otherwise) without the prior written consent of SPG, which consent may be withheld.
Users shall not be entitled (nor shall they assist others) to set up links to their own or other websites from the www.search-property.com website (whether by hypertext linking, deep-linking, framing, tagging or otherwise) without the prior written consent of SPG, which consent may be withheld.

Governing Law

These Terms of Use and any matter relating to the use of this website shall be governed and construed in accordance with US law. Any dispute relating the use of this website will be subject to the exclusive jurisdiction of the US courts and the state of Delaware.

Misrepresentation Act

The company gives notice that the property particulars and related information on this site, whilst believed to be accurate, are set as a general outline for guidance only. Intending purchasers or tenants should not rely on them as statements or representations of fact, but must satisfy themselves by physical inspection of the property in question or otherwise as to their accuracy. Consequently, no information displayed on this site (or any linked site) constitutes or forms part of a contract. No person in the employ of either the company or the representing agent of the property displayed has the authority to make or give any representation or warranty in relation to the property/ies. SPG displays information about properties on behalf of third parties for whom they are neither agents or representatives, and are therefore not responsible for the validity of the details relating to properties shown.

9.       Code of Conduct

  1. Every property listed by an agent or individual on SPG will be covered by a written instruction from the owner to the agent to sell the property.
  2. Agents must use their best endeavours to ensure the accuracy of information on all the properties they list on SPG.
  3. All agreements on real estate transactions must be confirmed in writing including all the relevant terms and conditions of the transaction. A copy of the agreement must be provided to all the parties involved.
  4. Any monies held by agents on behalf of clients must be held in a separate fully auditable "Client Account".
  5. Prior to placing a new property on SPG agents must verify that no other agent has already got the same property listed on SPG.
  6. Agents must use their best endeavours to ensure the accuracy of property details which they are listing on SPG. Wherever possible the details should be agreed by the owner.
  7. Members must protect their client’s privacy, confidentiality and data and must only use information for the purpose stated at the time of gathering it.

10. Enforcement

The Search Property Group reserves the right to cancel or reject any member or membership application if we feel you have breached our terms and conditions or if we  receive complaints of misconduct supported by evidence.

In the event of a dispute involving SPG members which cannot be settled between their selves, SPG will make the final decision that members must agree too.