Terms and conditions

1. Terms of Access
This website is owned and operated by My Home Is For Sale Pty Ltd (ACN 134 663 648) (“myHOMEisforsale”). The material on this website is copyright to myHOMEisforsale, unless otherwise disclosed. This website is available for you to access, conditional upon your acceptance, without alteration, of the Terms and Conditions set out below. By continuing to access this website and in the event of engaging our service through myHOMEisforsale, you agree and consent to the Terms and Conditions contained herein (as amended from time to time).
myHOMEisforsale is a web based facilitator of real estate services. It provides the opportunity for private sellers to list their property and to market their property without engaging a traditional real estate agent.
myHOMEisforsale reserves the right to change these Terms and Conditions, this website and other polices at any time and from time to time. Revised Terms and Conditions will be made available on this website and you are responsible to review Our Terms and Conditions from time to time to check for updates. You agree and consent to the Revised Terms and Conditions by continuing to access this website.

2. Fees and Charges
Service charges for the myHOMEisforsale are as follows:
1. Residential “Quick Sale” service: Listing fee from $295 Monthly fee $99
2. Residential “No Rush” service : Listing fee from $795
3. Residential rental service: Listing fee from $149 Monthly fee $99
4. Commercial leasing service: Listing fee from $295 Monthly fee $99
5. Commercial sales service: Listing fee from $295 Monthly fee $99
6. Business sales service: Listing fee from $295 Monthly fee $99
The Listing fee is charged once and includes all administration charges in creating the property profile for you, including creating online advertising campaigns.
The $99 Monthly fee is paid in advance for the whole month and is referenced as the ‘billing cycle’. The billing cycle runs from the date your advertisement is published on the internet and falls due on that same date for each following month. There are no pro rata payments for the Monthly fee. Failure to pay the ongoing monthly fees will result in your property being removed from our service.
All charges are inclusive of GST.

3. Term
There is no minimum term for sign up. The property will be listed until it is sold or we are instructed by you to remove the listing. All requests to remove listings must be addressed to info@myhomeisforsale.com.au. You will need Javascript to view this email address. We require at least 5 business days notice of your request to remove a listing. A failure to give the required notice will result in you being charged the next monthly fee of $99.

4. Profile
To access your client profile you will be issued with a username and password (UNPW). Once you log in you will be able to make changes to your listing, update inspection times, amend property descriptions and upload or change photography.
You should immediately notify myHOMEisforsale if you consider that someone has accessed your client profile without your authorisation.
myHOMEisforsale must verify all uploads and amendments to all profiles. This process can take up to 2 business days.

5. Contact details
Under no circumstances are you to enter your contact details including contact name, contact number, email address etc. on the listing. If you would like potential purchasers to contact you directly please request the myHOMEisforsale 24/7 reception service. Details of this service are available on our website.

6. Listing
Your property will be listed once myHOMEisforsale receives and verifies the following information;
1. Photographs of the property,
2. A complete application form with property details,
3. Completed myHOMEisforsale listing authority,
4. Completed payment from,
5. Your agreement to these Terms and Conditions and our Privacy Policy,
6. Photographic identification of all vendors, and
7. A Rates Notice or copy of the Certificate of Title to the property.
By submitting a request to list your property with myHOMEisforsale, you agree to be bound by these terms and conditions.

7. Third Party Sites
myHOMEisforsale subscribes to third party sites (“Partner Sites”). Access to these sites is at the absolute discretion of myHOMEisforsale and myHOMEisforsale does not guarantee the continuity of these sites.

8. Breach
Your failure to comply with any of the terms and conditions contained herein may result in your property being immediately removed from myHOMEisforsale at our sole discretion.

9. Disclaimers and Exclusions
You acknowledge and agree that myHOMEisforsale makes no warranty of any kind to you, to the fullest extent permissible by law, in respect of any matter, including, without limitation:
1. In respect of the Services: their fitness for purpose, or suitability for you;
2. the infringement of third party rights;
3. any third party associated with performing the Services, at the request of myHOMEisforsale or otherwise, and their ability to provide such Services; or
4. the accuracy of any information contained in this website or otherwise communicated by myHOMEisforsale .
myHOMEisforsale does not accept any liability for any loss or damages resulting from your reliance on the information supplied on this website. myHOMEisforsale strongly advises that you seek professional advice before deciding whether to engage myHOMEisforsale to provide the Services.
To the fullest extent permitted by law, neither myHOMEisforsale nor any of its affiliates, employees, subsidiaries or holding company shall be liable for any damages of any kind, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or with the use of any information contained herein or otherwise communicated to you by myHOMEisforsale, for any reason whatsoever, including without limitation the use or inability to use this website by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income.
myHOMEisforsale makes no representations or guarantees that a person using this site will sell their home/business or lease their property.

10. Intellectual Property
All intellectual property rights including, without limitation, trademarks, service marks, trade names, copyright and other rights used or embodied in this website are the sole property of myHOMEisforsale and must not be used without its express written consent.
myHOMEisforsale reserves all intellectual property rights, including, but not limited to, copyright in material and/or Services provided by it. The material provided on the website is provided for personal use only and may not be:
1. re-sold and/or re-distributed in any material form;
2. stored in any storage media; and/or
3. re-transmitted in any media, without the prior written consent of myHOMEisforsale.

11. Website Security Policy
myHOMEisforsale does not warrant the accuracy, completeness or suitability of any information provided on this website and excludes to the fullest extent permissible by law liability for any error, inaccuracy or omission contained on this website or any information provided by myHOMEisforsale.
myHOMEisforsale is not responsible for loss or damage arising from any third party accessing your personal information or details upon sending correspondence to you via the details submitted to myHOMEisforsale by you.
Hyperlinks and references to other internet resources are provided and used at the risk of the party accessing this website and the content, accuracy, opinions expressed, together with other links provided by these resources are not the property of myHOMEisforsale nor are they investigated, verified, monitored, or endorsed by myHOMEisforsale in any manner.
In accessing this website, you acknowledge that data transmission and storage over the internet, including via this website, cannot be guaranteed to be secure and accordingly myHOMEisforsale does not warrant the security of any information you transmit.

12. General Terms
Your use of this site is governed by the laws of Victoria and you agree to submit to the non exclusive jurisdiction of the Courts of Victoria.
Any failure by myHOMEisforsale to enforce a provision of these terms and conditions shall not constitute a waiver or affect the validity of these terms.
In the event of any term or condition being held to be invalid, illegal, unlawful or otherwise being Incapable of being enforced, that term or part thereof shall be deemed to be severed and of no force and effect and the remaining terms and conditions shall remain valid and enforceable.
The parties warrant they have the authority to enter into this agreement.

13. Limitation of services
The Seller hereby acknowledges that:
1. myHOMEisforsale assists the Seller to conduct a private sale of their property by providing marketing services does not act on behalf of the seller in relation to a sale.
2. for the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) myHOMEisforsale does not act on behalf of the seller in relation to a sale and therefore will not conduct a preliminary physical inspection of the property.

Privacy Policy

myHOMEisforsale is committed to safeguarding your privacy in accordance with the Australian National Privacy Principles outlined in the Privacy Act 1988.
myHOMEisforsale will take all reasonable steps to preserve the security of your personal information, but you agree that your use of the website is at your own risk and myHOMEisforsale disclaims any liability for any third party breach of the security of your information.
myHOMEisforsale may preserve email and other enquiry correspondence received from you for the purpose of responding to your questions or for record keepings procedures.
This website may contain links to third party websites outside of the control of myHOMEisforsale. If you access these websites through this Website and such third parties collect information about your visit, you authorise myHOMEisforsale to collect or access such information.
myHOMEisforsale will only disclose your information to external parties in circumstances permitted by the Privacy Act 1988, in accordance with myHOMEisforsale Privacy Policy, where your consent to disclose is obtained or as required by law.
You are responsible for maintaining the confidentiality and security of your login details. It is important to ensure that you logout of your account at the end of each use.