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Terms & Conditions - Convey Connect

Conveyconnect.com.au is a site designed to be an intermediary between conveyancers licenced in New South Wales and persons requiring the assistance of such a conveyancer to carry out conveyancing work on their behalf.

The General Terms of Use and the Specific Terms of Use below applicable to you (“Terms”) govern your use of our website located at conveyconnect.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and us, ConveyIt Pty Ltd (“Agreement”).

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at info@conveyconnect.com.au.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

A. General Terms of Use

      1. Licence to use Site
        1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
        2. You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
        3. You must not add any content to the Site
          1. unless you hold all necessary rights, licences and consents to do so;
          2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
          3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
          4. that would bring us, or the Site, into disrepute; or
          5. that infringes the intellectual property or other rights of any person.
        4. The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
        5. The Site contains general information only. Information on the Site does not constitute legal, financial, technical or expert advice and should not be relied upon without you undertaking your own independent verification.
        6. You acknowledge and agree that:
          1. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
          2. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
          3. we can amend or alter these Terms at any time with notice to you.

 

      1. Intellectual Property Rights
        1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
        2. By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
        3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
        4. The licence in clause A2(c) will survive any termination of these Terms.
        5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2(b) and 2(c).

 

      1. Warranty
        1. You represent and warrant to us that you have the legal capacity to enter these Terms.

 

      1. Liability
        1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
        2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
        3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
          1. in the case of goods:
            1. the replacement of the goods or the supply of equivalent goods;
            2. the repair of the goods;
            3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
            4. the payment of having the goods repaired, and
          2. in the case of services:
            1. the supply of the services again; or
            2. the payment of the cost of having the services supplied again.

 

      1. Termination
        1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
        2. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

 

    1. Other
      1. You must not assign, sub licence or otherwise deal in any other way with any of your rights under these Terms.
      2. If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
      3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
      4. This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.

 

B. Specific Terms of Use applicable to Conveyancers

  1. The following words have the following meanings where appearing in these Terms:
    1. A “Conveyancer” is a conveyancer licenced by the Department of Fair Trading to practise conveyancing in New South Wales who has created an account to use the Site.
    2. A “Job” is a request by a Customer for a Conveyancer to carry out conveyancing work on behalf of the Customer.
    3. A “Membership” is the authority granted by us to a Conveyancer following the creation of an account to use the Site for the purpose of bidding on Jobs. A Membership is taken to be granted immediately upon the creation of an account to use the Site.
    4. A “Membership Period” is the period during which you are granted a Membership including extensions from time to time in accordance with clause B2(e).
      1. If you are a Conveyancer you agree to be bound by the following:
        1. You represent that you are licenced by the Department of Fair Trading as a conveyancer in New South Wales and that you are not the subject of any disciplinary investigation by the Department of Fair Trading.
        2. You will not submit personal or contact information on the Site other than as permitted by the Site and will not use the Site or any information made available on or because of the Site to contact a Customer except through the service provided on the Site.
        3. You agree to receive email and mobile telephone notifications which are directly related to your use of the Site. These email and mobile telephone notifications include information in relation to your account and information in relation to Jobs on which you have made offers via the Site.
        4. You agree to provide us with a photograph of you and your business logo or other identifying mark or symbol and agree for us to publish same on the Site including but not limited within your personal profile which will be.
        5. You agree that the account login and password allocated by us for your use upon creation of an account to use the Site is not transferable.
        6. In the event that you do not give us written notice by email at the address referred to these Terms being info@conveyconnect.com.au within 7 days of the end of your Membership Period, we will, without further communication or notice to you automatically extend your Membership Period for a period equal to your first Membership Period.
        7. During your Membership Period, you agree to pay to us the Fee as advertised on the Site at the time you create an account to use the Site. However, in event your Membership Period is extended in accordance with clause B2(e), then you agree to pay to us the Fee as advertised on the Site at the time your Membership Period is extended from the date it is extended to the expiry of your Membership or further extension of same.  You agree to pay to us the Fee by the Payment Method as selected by you when creating an account.  You agree to pay the Fee at the time you create an account to use the Site or upon an extension of the Membership Period in accordance with clause B2(e).
        8. During your Membership Period, you agree to pay to us the Commission as advertised on the Site at the time you create an account to use the Site. However, in event your Membership Period is extended in accordance with clause B2(e), then you agree to pay to us the Commission as advertised on the Site at the time your Membership Period is extended from the date it is extended to the expiry of your Membership or further extension of same.  You agree to pay to us the Commission by the Payment Method as selected by you when creating an account.  You agree to pay the Commission at the time your offer to carry a Job is accepted by a Customer.
        9. If your offer to carry out a Job is accepted by a Customer you agree to contact the Customer within 24 hours.
        10. You acknowledge and agree that we are not involved in conveyancing transactions between you and Customers after first being introduced by the Site.
        11. You further acknowledge and agree that in the event that there is a dispute between a you and a Customer, we are released from any claims, demands or damages of every kind and nature arising either directly or indirectly out of any such dispute.

 

C. Specific Terms of Use applicable to Pilot Conveyancers

  1. The following words have the following meanings where appearing in these Terms:
    1. A “Pilot Conveyancer” is a Conveyancer who agreed, upon creating an account to use the Site, to take part in the Pilot.
    2. The “Pilot” is a program to trial the use of the Site.
    3. The “Pilot Period” is from the date on which we communicate to you in writing by email that the Site is available to be used by you until 31 January 2017.
  2. If you are a Pilot Conveyancer you agree to be bound by the same terms and conditions as a Conveyancer set out in these Terms as well as the following terms:
    1. You must log onto your account on the Site at least twice per week for the Pilot Period.
    2. You must complete a survey 1 month after the commencement of the Pilot Period and upon completion of the Pilot Period.
    3. You must accept and take part in a telephone call from one of our representatives fortnightly for the Pilot Period.
    4. You must provide a written comment upon completion of the Pilot Period as to your experience using the Site and you grant any necessary permissions to us to enable us to publish such comment in or on any form of media including on the Site.

     

  3. Notwithstanding the fees charged to Conveyancers as set out in section B of these Terms, you will not be required to pay a Fee or Commission during the Pilot Period.

 

D. Specific Terms of Use applicable to Customer

      1. The following words have the following meanings where appearing in these Terms:
        1. A “Customer” is a person who has created an account on the Site for the purpose of locating a conveyancer in New South Wales to assist in the sale or purchase of residential property in New South Wales.

 

    1. If you are a Conveyancer you agree to be bound by the following:
      1. You are responsible for the accuracy of information you provide on the Site.
      2. You will not submit personal or contact information on the Site and will not use the Site or any information made available on or because of the Site to contact a Conveyancer except through the service provided on the Site.
      3. You agree to receive email notifications which are directly related to your use of the Site. These email notifications include information in relation to your account and information in relation to jobs which you have posted on the Site.
      4. You agree to pay to us to us the Fee as advertised on the Site from time to time. If there is no Fee advertised on the Site, we will not charge you a Fee.
      5. You acknowledge and agree that we are not involved in conveyancing transactions between you and Conveyancers after first being introduced by the Site.
      6. You further acknowledge and agree that in the event that there is a dispute between a you and a Conveyancer, we are released from any claims, demands or damages of every kind and nature arising either directly or indirectly out of any such dispute.
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