Waterside Property Sales

Terms and Conditions

This document describes the terms and conditions under which Waterside Property Sales Pty Ltd
ACN 137 928 548("we", "us", "our" or "Waterside Property Sales") provide this Internet sites of www.watersidepropertysales.com.au and www.watersideholidays.com.au("the sites") and services ("the Service") to you, where "you" are a user of the Sites and the Service. You must read these terms and conditions carefully before using the Sites. By using the Sites or any part of the Sites or the Service, you agree to be bound by these Terms and Conditions as well as our Privacy Policy.

1. www.watersidepropertysales.com.au & www.watersideholidays.com.au

The Sites are owned and operated by Waterside Property Sales. By using the Sites you agree to these terms and conditions and agree that you have read and understood this document.

These Terms and Conditions together with the Privacy policy, and in the case of Real Estate Agents listing on this site, the Terms of Use, form the entire agreement between Waterside Property Sales and you.

Waterside Property Sales may vary the Sites, the Service or any information available on the Sites, or any part of them; modify or discontinue any part of the Sites or any information on the Sites without prior notice. Waterside Property Sales may, without prior notice, deactivate all or part of the Sites or Service to carry out system maintenance, upgrading, testing or repairs.

Waterside Property Sales may amend these Terms and Conditions, the Privacy Policy and any other relevant agreements at any time by publishing the amendments on the Sites. The amendments will be deemed effective seven calendar days after they have been communicated to you by being published on the Sites. If you continue to use the Sites after this time you agree to be bound by the amended terms and conditions, Privacy Policy and all related attachments.

The Sites and Service are available to everybody who can form legally binding contracts under applicable law. The Sites and Service are not available to persons under 18 years of age unless you have specific permission from a parent or legal guardian. In this case the parent or guardian must read and agree to these terms and conditions.

If you are a register user of the Sites and the Service or any parts of them, you will be required to use your e-mail address and password for accessing the Sites and the Service.
You must not reveal your password to any other persons and must use your password in accordance with these terms and conditions.

2. Your Information

"Your information" is any information you provide to Waterside Property Sales or its users while using the Sites or the Service.

Your information must not:

  • be false, inaccurate or misleading;
  • infringe any third party's copyright or other proprietary rights or rights of publicity or privacy;
  • contain any viruses, worms, time bombs, cancel bots or other computer programming routines that may damage, modify, delete, detrimentally interfere with, access without authority or expropriate any system, data or personal information.

You are prohibited from posting to or transmitting through the Sites any unlawful, harmful, abusive, defamatory, threatening, harassing, vulgar, profane, hateful, obscene, racially, ethnically or otherwise objectionable information, including (but not limited to) any information which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable state, federal or international law.

You must:

  • if you are advertising a property/accommodation/item, only advertise property / accommodation/item that is currently available
  • if you are advertising a property / properties for sale, mark your property listing as "SOLD" within 72 hours of the sale.

Waterside Property Sales does not control, endorse or approve any information provided by other users which is made available through the Sites and the Service.

You are responsible for all charges associated with connecting to the Sites and Service through an available access number and responsible for all telephone access lines, telephone and computer equipment, or other access devices, necessary to access the Site and Service.

Waterside Property Sales reserves the right to remove any information you save or upload to the Sites without prior notice, including (but not limited to) database records, documents, video and image files. You agree that Waterside Property Sales may monitor the Sites and may take any action with respect to your information under these terms and conditions.

If you do not wish your property information to be shared with any other property portal, property website or other website you may opt out. This is done by accessing the drop down box in the Agents section of the site and selecting to opt out. You can also opt out by contacting Waterside Property Sales directly at sales@watersidepropertysales.com.au or calling on 03 6334 5822.

3.Fees and Services.

If the use of our Sites incurs a fee, you'll be able to review and accept the terms that will be clearly disclosed at the time you post your advertisement. Our fees are quoted in $ AUD and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on our Sites. We may choose to temporarily change our fees for promotional events or for new services. These changes are effective from when we announce the promotional event or new service.

Our fees are non refundable and you are responsible for paying them when due. If not paid when due, we may collect fees owed using external collection agencies. 

4.Copyright

The subject matter on and accessible from the Sites including (but not limited to) information, files, video, images and data is copyright under Australian copyright laws.

You acknowledge that all content on the Sites: information, files, data, software, photographs, illustrations, video, graphics, text and other materials ("the Content") are protected by copyright or other intellectual property rights.

Waterside Property Sales grants users permission to download and display its copyright information and any content materials only for private purposes. Permission must be sought directly from Waterside Property Sales for reproduction or use of any information and content materials on the Sites beyond such uses.

You must:

  • not yourself, or participate in or permit other person sell, distribute or modify or otherwise use any of the Content, in whole or in part, for any purpose without prior written permission from Waterside Property Sales;
  • not infringe the intellectual property rights of any person using the Sites and the Service.
    If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.

5. Links

Waterside Property Sales has not reviewed the sites linked to these Sites and are not responsible for the Content or accuracy of any pages or any other sites linked to these Sites. You must determine whether any page is part of the Sites when you follow a link to that page.

Your correspondence or dealing with advertisers on the Sites are solely between you and such advertisers. Waterside Property Sales will not be responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of presence of advertisements on the Sites.

6. Privacy

Waterside Property Sales’s Privacy Policy sets out the type of personal information about you which we may collect and use.

7. Disclaimer of Warranty

You acknowledge that:

  • Waterside Property Sales is an information provider and is not a real estate agency. The information and materials contained in the Sites is general and may not apply to your circumstances. This information should not be used as a substitute for professional legal, financial or real estate advice;
  • Waterside Property Sales excludes all warranty in relation to the Content and any other information available from the Sites and the Service and disclaims all liability arising out of or consequent to any use of or access by you of the Content or any other information available from, or through the Sites and Service; any computer virus which occurs as a result of accessing the Site or Content or other information from the Site;
  • Waterside Property Sales excludes warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted access, or products provided through or in connection with the Service;
  • Waterside Property Sales disclaims any and all warranty, including without limitation any warranty concerning the availability, accuracy or content of information, products or services, and any warranty of title or warranty of merchantability or fitness for a particular purpose;
  • you use the Sites and the Service at your own risk.

8. Liability

Waterside Property Sales is not liable to you or any other persons for any losses, damages, costs, expenses or liability directly or indirectly suffered by you as a result of your accessing, use or misuse of the Sites and Service, or by your reliance on any Content or any other information available from or through the Sites and Service.

You agree that Waterside Property Sales is not liable for the defamatory or illegal conduct of other users or third parties. Waterside Property Sales and any of its partners, agents, providers or affiliates shall not be liable for any damages arising out of use of the Sites and Service.

9. Indemnity

You will indemnify and keep indemnified Waterside Property Sales and its subsidiaries, officers, agents, employees and affiliates from and against any loss (including legal costs and expenses) or liability incurred by Waterside Property Sales arising from any claim, demand, suit, action or proceeding against Waterside Property Sales where such loss or liability arose out of:

  • your reliance on the Sites, the Content or any other information on the Sites;
  • breach of any terms and conditions of this agreement by you or your employees, agents or representatives;
  • any actions or claims brought by third parties which relate to all or any part of the Content.

10. Legal Compliance

You must comply with all applicable laws, statutes, ordinances and regulations in relation to your use of the Sites and Service. You must comply with all clauses of this agreement and the privacy policy.

11. Breach

Waterside Property Sales may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Sites and refuse to provide the Service to you if:

  • you breach these Terms and Conditions or the Privacy Policy;
  • we are unable to verify or authenticate any information you provide to Waterside Property Sales;
  • we believe that your actions may cause legal liability for you, our users or us.

12. General

These terms and conditions are governed by the laws of the State of Tasmania, Australia. All users of the Sites and Service irrevocably submit to the non-exclusive jurisdiction of the courts of Tasmania, Australia. If any part of this agreement is held to be invalid or unenforceable, such part must be given effect to the greatest extent possible and the remainder shall remain in full force and effect.

This Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter of these Terms and Conditions.