The following terms and conditions govern the service that we offer at the Site and are collectively known as the User Agreement (User Agreement). It details and covers online purchasing of Real Estate within Australia for new and off the plan property.
Please read this document carefully. It is recommended that you seek Professional Legal Advice before proceeding with the purchase of any property from the Site. When you register with the online Service, you are deemed to have accepted, and will be bound by this User Agreement. The User Agreement is subject to change.
1.1 Definitions and interpretation
(a) Account means the registered online service provided to the buyer set out as per the User Agreement.
(b) Australian law means that the states and territories of Australia that are self-governing are separate jurisdictions and have their own system of courts and parliaments. The systems of laws in each state are influential on each other, but not binding. Laws passed by the Parliament of the Commonwealth apply to the whole of Australia.
(c) Contract of Sale means a sale agreement between a vendor and purchaser.
(d) Estate Agent (Real Estate Agent) means a person and/or a corporation who holds an estate agent’s licence. They act on behalf of owners, buyers and tenants to arrange the sale or lease of property including houses, buildings, factories, shops, farms, land and businesses.
(e) Full deposit has the meaning given to it in clause 3.2 of the User Agreement.
(f) Foreign Investment Review Board (FIRB) examines proposals by foreign persons to invest in Australia and makes recommendations to the Treasurer on those subject to the Foreign Acquisitions and Takeovers Act 1975 (Cth) and Australia’s foreign investment policy it has the same meaning as within the Foreign Acquisitions and Takeovers Act 1975 (Cth).
(g) Foreign purchaser and/or investor has the same meaning as a foreign person within the meaning of the Foreign Acquisition and Takeovers Act 1975 (Cth).
(h) Goods and Services Tax (GST) means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended and includes penalties and interest. Expressions used in the GST Act have the same meanings on the Site.
(i) Login has the meaning given to it in clause 2.1(c) of the User Agreement.
(j) New and off the plan property means property that is either newly built but not lived in or yet to be built.
(l) Professional Legal Advice/Advisor means a lawyer / solicitor qualified and registered to practice law in Australia pursuant to the Legal Profession Uniform Law (Victoria) or any applicable law registering legal professionals in each state or territory of Australia.
(m) Purchaser means the registered buyer using the Site.
(n) Purchase Property means using the Services of the Site to transact and buy property
(o) Register has the meaning given to is in clause 2.1 of the User Agreement.
(p) Service means the online services offered and provided by the Site
(q) Site means the following domains 88jade.com | 88jade.cn | 88jade.com.au
(r) Successful Buyer has the meaning given in clause 3.2 of the User Agreement
(s) User Agreement means the terms and conditions which you are deemed to have agreed to when you register for the Service
(t) Us/we/our means 88Jade being a trading name of Imperium Maius (ACN 144 676 166/ ABN 53 144 676 166) and licensed estate agent (071916L) registered in Victoria, Australia.
(u) Vendor means the owner and/or developer of a property for sale on the Site
(v) Vendor’s Statement also known as Section 32 of the Sale of Land Act 1962 (Vic) in the State of Victoria means the statement prepared by the vendor to inform the purchaser of certain particulars about the property. It is given to the purchaser prior to a contract of sale is signed.
(w) Your information has the meaning given to it in clause 2.1.5 of the User Agreement.
1.2 Terms and Conditions
(a) The terms and conditions contained in the User Agreement set out what you must do and what you must not do when using the Service. It also sets out our obligations to you. If you breach any of these conditions, we may with an unfettered discretion, cancel your access and thereafter disallow you to use the Service. If we cancel your services, and we suffer loss and/or damage, we reserve the right to claim damages against you. Read these terms and conditions and make sure you understand them. If you still have questions, please contact us by email at [email protected]
(b) We may amend the User Agreement from time to time by uploading new terms and conditions on the Site. These amendments will take effect immediately once they are posted on the Site. You should review this User Agreement from time to time for any amendments. Please ensure you are familiar with them as changes may have been made from the last time that you visited the Site, used or Services or your Login. Continued use by you of the Service following any amendments to this User Agreement will constitute your acceptance of the new terms & conditions applying to the Service.
(c) Please note that additional conditions governing the Service and your relationship with us are contained in other pages on the Site. In the event that those documents conflict with these terms and conditions, they will be incorporated into and will form part of the User Agreement. In particular, you should carefully read all information relating to Buying Online which contains important information relevant to each particular sale on the Site.
1.3 Use of the Service
(a) The Service is provided to you individually. When using the Service, you must not re-sell access or otherwise allow any other person or entity to use the Service.
(b) We may suspend or terminate your account if we reasonably suspect that you may have engaged in, inter alia fraudulent activity in connection with the Site. All access to the Site is at our unfettered discretion.
1.4 Commitment to maintain system (“Site”) integrity
(a) You are not allowed take any action that might interfere with the operation of the Service or the Site.
(b) You must not use any device, software or instruction to interfere or attempt to interfere with the proper working of our Site or any property purchase being conducted on or through the Site.
(c) You must not take any action which imposes an unreasonable or disproportionately large burden on our infrastructure.
(d) You must not disclose or share your login username or password to or with any third parties or use your password for any unauthorised purpose.
(e) We reserve the right to determine whether or not your conduct is consistent with the User Agreement and what we believe is good practice for the Site. We may, in our sole discretion, immediately terminate your Account and use of the Service if your conduct is deemed by us to be inconsistent with the User Agreement or our standards of practice. However, in exercising our rights, we do not intend to act unreasonably.
1.4.1 You are solely responsible for your transmissions through the Service. You should:
(a) not forge communications or take any other action which would disguise the origin of the communications transmitted by you through the Service;
(b) not allow another person to transmit communications that falsely identifies your account as the origin of such a communication;
(c) not interfere with or disrupt networks connected to the Service;
(d) not use the Service for illegal purposes; and
(e) comply with all regulations, policies and procedures of networks connected to the Service which either apply by operation of law or are referred to in a Site.
2.1 Registering for (“Site”) use
(a) You must register your details with us to use the online Service (your “Account”). The registration fee of $288.00 (AUD) is inclusive of GST.
(b) You must not use false or misleading information when registering or using the Service. Your obligations to us won’t be reduced for any reason including (for example) where you use a false name. If your details have changed since you last used the Service, you must provide us with the necessary and verified updated details. We are not responsible for any loss or damage (including misdirected emails or deliveries) which may occur because you have not provided us with complete and accurate information.
(c) When you register for the Service, you must choose your username and password. You must have a valid username and password (Login) before you can purchase property from the Site. You are responsible for the security of your Login. We may assume that anyone using your Login is authorised by you. Unauthorised access and use of your details will, under no circumstances, reduce your liability in connection with using the Service. You hereby indemnify us from any and all actions, suits, costs, claims for damages caused by you providing your Login to another. Your liability and indemnification includes your obligation to purchase a property which may result from use of your Login. You must notify us immediately if you become aware of any unauthorised use of your Login or of any other security breach.
2.1.1 We intend to send notifications to you by e-mail of:
(a) the status of an online property purchase in which you have actively participated in, such as ‘you have purchased’ e-mails, or ‘what you are required to do now’ emails;
(b) sales confirmation of a Property Purchase;
(c) the status of your sale contracts and documents delivery;
(d) a copy of your invoice, where applicable;
(e) newsletters and other promotional material, unless you tell us you do not wish to receive these communications when you complete your registration form; and
(f) requests to participate in customer feedback.
(g) We accept no liability for any loss or damage incurred if, for whatever reason, you do not receive such notifications.
(h) We will use your personal data in accordance with our companies Privacy Statement Policy. We will not sell your personal information to other third party mailing lists.
(i) You may request that your Account be closed by emailing us a closure request, to [email protected]
2.1.2 We reserve the right to close your account at our absolute discretion for any reason, including:
(a) any “property purchase” has been concluded; and
(b) you have paid everything you owe us in cleared funds.
2.1.3 Eligibility to purchase property
You must be able to enter into legally binding contracts for the purchase of property pursuant to the Laws of Victoria, Australia including but not limited to the Sale of Land Act 1962 (Vic) to use the Service. This means you must not use the Service if you are inter alia:
(a) under 18 years of age;
(b) a foreign purchaser and do not have permission purchase, or have not applied for and are not currently in the process of obtaining permission to buy property in Australia from the Foreign Investment Review Board (FIRB);
(c) an undischarged bankrupt; or
(d) under any type of administration or liquidation, where you are a company.
2.1.4 Registration process
In order to be eligible to make property purchases using the Service, you must provide details of an acceptable credit card sufficient to make online payments. As part of the registration process, we charge an administration fee.
(a) the registration fee covers Site administration costs;
(b) the registration fee of $288.00 (AUD) is inclusive of GST;
(c) you can only pay the registration fee using PayPal;
(d) these transactions will appear in your credit card statement.
2.1.5 Your information
(a) “Your information” includes any information you provide us at any time, including when you register to use a Service.
(b) You are solely responsible for Your Information. However, we may deal with Your Information if we deem it necessary or appropriate for example; if we believe Your Information may create any liability for us. In dealing with Your Information, we will always act reasonably.
(c) You must ensure that your information:
(i) is true, accurate and complete;
(ii) is not false or misleading;
(iii) does not infringe any other person’s rights (for example intellectual property rights) or privacy;
(iv) is not contrary to any applicable law or industry code of practice;
(v) is not defamatory, threatening or harassing;
(vi) is not obscene or pornographic; and
(vii) does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming instructions that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(d) You must not do or allow to be done anything involving the Service which:
(i) may be contrary to any applicable law or industry code of practice, or
(ii) is prohibited by the User Agreement.
3. Your rights and obligations
3.1 Online Property Purchasing – Your obligations as buyer
(a) Prior to purchase it is your responsibility to ensure that all necessary due diligence and checks have been undertaken by your Professional Legal Advisor regarding the contracts of sale, vendor’s statements and any other information relating to the property;
(b) As a purchaser by using the Service you understand and acknowledge that all contracts of sales are unconditional on the Site, save for any protections afforded by law i.e. a cooling off period;
(c) Foreign persons (when applicable) as purchasers must notify the Government and get prior approval to acquire an interest in of Real Estate in Australia;
(d) When you use the Service to purchase property, you are making a commitment to buy the property at the listed price and subject to the Sites terms and conditions, the contract of sale and vendor statement conditions;
(e) Please make sure you understand the payment terms and mail delivery of sale contract documents.
3.2 Online Property Purchasing – Your obligation to pay
If you are the successful buyer in an online property purchase, you must pay:
(a) Upon your acceptance and commitment to buy, make transfer of the Full Deposit of 10% (or amount as agreed between yourself and the Vendor of the property) into the Site’s sales trust account;
(b) The Full Deposit is due to us within 2 working days by way of direct bank deposit (electronic funds transfer);
(c) The balance of the full purchase price (90%) is payable to the vendor upon building completion, title issue and settlement of the property as per the conditions contained within the Contract of Sale and Vendor’s statement and in accordance with Victorian law;
(d) The settlement of a purchased property will be handled by your appointed Australian Legal Advisor.
(e) If you: fail to pay the 10% deposit and or do not settle on the property you will be subject to any penalties as set out and prescribed in the Contract of Sale. A vendor at their election may pursue you for any loss or damage that they may have sustained as a result of your failure to pay.
3.3 Refund of your Deposit
In the event that we receive a Deposit from you into our trust account but after paying the Deposit you do not sign the Contract of Sale, we will refund you your Deposit amount less our fees including an administration fee, any courier fees which may have been incurred, and any other associated fees.
3.34 Online Processing and technological errors
If there are errors in processing and/or Site downtime or any other errors or delays caused to the Site and/or Service as a result of technological difficulties associated with our servers, data hosting centre, internet service provider or any other reason, we may not held liable for any loss or damage that results in such events.
4. Our rights
4.1 Suspension from use of service
(a) We may refuse you the right to use the Service if you inter alia:
(i) do not pay the 10% purchase deposit after you had committed to do so;
(ii) give information which is untrue, inaccurate or incomplete; or
(iii) we may suspend, cancel or terminate your access to the Service if you breach or fail to observe the User Agreement or for any other reason at our discretion.
(iv) if we suspend your access to the Service, you may not register again.
4.2 Misleading or Fraudulent Conduct
(a) It is illegal to use a false name to use the Service and to make a purchase with an invalid or stolen credit card, even if our software initially accepts an order or bid. We reserve the right refer fraudulent users to the police and to your Internet Service Provider.
(b) You may be sued for any losses suffered by any person arising out of any illegal action.
(c) If your credit card balance is insufficient to meet any money due to us, or a chargeback is made on the credit card then in addition to all other remedies available to us under the User Agreement, we may immediately institute proceedings against you for any amount owing.
4.3 Our rights upon breach by you
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your Login or Account (including on any of your current online property purchases, and any other information you place on the Site) if you breach the User Agreement or if we are unable to verify or authenticate any information you provide to us.
4.4 The Site, Estate Agent and Seller’s rights
(a) We may withdraw and/or re-offer a listed property for sale at any time if the property:
(i) becomes unavailable at the Vendor’s discretion or has been purchased by another party from another real estate agent;
(ii) has uncertain ownership, or is withdrawn by the Vendor;
(iii) has been erroneously listed twice;
(iv) is incorrectly described; or
(v) is incorrectly priced.
(b) We also reserve the right to change the:
(i) description, contract terms and or pricing;
(ii) at any time before the sale is completed. For example, we will make these changes where processing errors, technological errors or other errors result in loading of incorrect information.
5. Liability and indemnities
5.1 Our liability to you
(a) We are not responsible for information not received, processed or accepted due to technical difficulties. In particular, we are not responsible for any loss, liability or damage incurred by you as a result of a purchase confirmation not received, processed or accepted due to technical difficulties.
(b) We provide the Site and the Service without any express or implied warranty or condition concerning the capacity or availability of the Site or the Service.
(c) Neither we nor our Vendors will be liable for any lost profits or any special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the delivery of the Service or the sale of any property.
(d) We do not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Site may be restricted by factors outside of our control or during maintenance.
(e) You acknowledge that the internet can be an unstable and, sometimes, insecure environment. At times the Service may not be available and offers may not be processed or accepted.
(f) We cannot guarantee that we will notice or be able to prevent any illegal or inappropriate use of the Site.
(g) We cannot guarantee the preservation of any record, particularly after the provision of the Service to you has been suspended, cancelled or terminated and may delete information at our sole discretion and without notice to any person.
5.2 Limitation of our liability to you
(a) In relation to the property, and subject to the Australian Consumer Law, we will endeavour to:
(i) provide accurate descriptions to fairly reflect each property listing;
(ii) ensure that each property listed on the Site is available.
(b) To the extent permitted by law, all express or implied conditions or warranties in connection with the Service, the Sites and the sale of any properties are excluded.
(c) We do not exclude liability under any guarantee, condition or warranty which cannot be excluded by law. For example, we do not exclude guarantees under the Australian Consumer Law that apply to the property we sell. However, to the fullest extent permissible by law, we expressly limit our liability for breach of a guarantee, condition or warranty implied by virtue of any law at our option.
(a) You waive, release, discharge and relinquish any and all claims that you now have or may have against us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives which are connected with, arise out of, relate to or are incidental to the use of the Service.
(b) You agree to indemnify and defend us, our affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives (the Indemnified Parties) harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by the Indemnified Parties arising out of or in connection with the performance of their obligations as described in the User Agreement including the legal costs, fees and expenses of defending ourselves against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of your negligent act or omission on a full indemnity basis.
(c) You further agree to indemnify and hold us, and the Indemnified Parties harmless from any claim or demand, including legal fees on a full indemnity basis), made by any third party due to or arising out of a breach of the User Agreement by you.
(d) The infringement by you, or other user of the Service using your user name and password, of any intellectual property or other right of any person or entity.
(c) By registering with the Service and accepting the User Agreement, you also consent to:
7. Australian Law and Legislation
This User Agreement is governed by and will be construed according to the laws of Victoria, Australia and by using this Site, you submit to the and will be subject to the jurisdiction of the courts of Victoria, Australia.
8. Professional Conduct
The Estate Agents (Professional Conduct) Regulations 2008 set out the standard of conduct expected of agents and agents’ representatives in their day-to-day dealings with clients (sellers or vendors) and consumers (purchasers or buyers).
They are in addition to the obligations set out under legislation such as the:
(i) Estate Agents Act 1980;
(ii) Sale of Land Act 1962;
(iii) Australian Consumer Law and Fair Trading Act 2012.
9. Goods and Services Tax (GST)
(a) To access the full use of this Site there is a registration fee. This fee is subject to GST and the fees price will be shown as inclusive of GST (GST Inclusive).
(b) The property description and or contract of sale will state whether the sale price of a property is inclusive of GST (GST Inclusive) or exclusive of GST (GST exclusive).
(c) You acknowledge and agree that:
(i) if the property sale price is GST Inclusive, it will be payable by you at the same time as the sale price; or
(ii) if the sale price is GST Exclusive, then no GST amount will be payable by you.