The website brickfloor.com.au, all associated pages and sub-domains, and the services (Services) advertised on or provided through the website (together, the Website) are owned and operated by Brickfloor Pty Ltd (ACN 618 080 907) (Brickfloor). Any reference to “we”, “us” and “our” in these Terms and Conditions refers to Brickfloor.
Certain Services may be provided by Brickfloor in conjunction with or directly by Specialised Investment and Lending Corporation Pty Ltd (ACN 149 520 918) (Trustee). In sections 8, 9, 13, 15 references to Brickfloor shall be interpreted to be references to both Brickfloor and the Trustee.
Terms and Conditions
The following terms and conditions (Terms and Conditions) govern your access to and use of the Website. Please carefully read these Terms and Conditions before you use the Website.
Acceptance of Terms and Conditions
By accessing the Website, you agree to abide and be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not continue to use the Website.
These Terms & Conditions apply whenever you access or utilise the Website, regardless of how you access the Website or interact with us.
The Website was prepared for use by Australian users only, and may not satisfy the laws of other countries. You should not use this Website if you do not reside in Australia.
Modifications to these Terms and Conditions
Brickfloor may, in its absolute discretion, revise and update these Terms and Conditions at any time by publishing the new terms or conditions and on the Website. Amendments will become effective immediately upon publication. Your use of the Website constitutes your acceptance of those new terms. Should you object to any of the new terms on the Website, you must immediately discontinue your use of the Website.
Modifications to the Information
Brickfloor may, in its absolute discretion, revise, update, change, supplement or delete information displayed on the Website, including any description of Services, without notice. Brickfloor does not warrant the accuracy, adequacy or completeness of material on the Website.
All intellectual property in relation to the Website (including the content on the Website, the functionality of the Website and the software, design, text, data, algorithms, icons, logos, copyrights, designs, trade marks, concepts, sound recordings and graphics comprised in the Website) (Intellectual Property) belongs to Brickfloor, or its licensors, advertisers, associated or related entities or affiliates.
Brickfloor and its associated or related entities retain all rights, title, and interest in and to the Website and the Intellectual Property, and nothing you do on or in relation to the Website, or any of the related content will transfer any rights, in the Intellectual Property or otherwise, to you, or license to you any such rights unless expressly stated otherwise in these Terms and Conditions.
You agree not to do anything that interferes with or breaches our Intellectual Property rights. You agree not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover source code or algorithms, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on, or functionality in, the Website.
You may download and view content or print a copy of material on the Website for personal, non-commercial use, provided that you do not modify the content in any way (including any copyright notice).
Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Website, or any related content or functionality in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us via the communication methods available on the Website if you wish to obtain such consent.
When you use the Website, Brickfloor collects certain information including your computer’s IP address, your approximate geographical location, the pages and documents you access during your visit and the browser and device you are using. Brickfloor may use this information to evaluate the effectiveness of the Website. Brickfloor may also use traffic log cookies to identify which pages are being used by you.
Services and Obligations – Property Vendors
As a potential property vendor and customer of Brickfloor (Vendor), you acknowledge and agree that you are required to submit or provide personal information and information related to the property you wish to sell which will be read and assessed by Brickfloor (Submission).
In providing a Submission to Brickfloor, you must provide correct, accurate and honest details of the property in which you, in good faith, plan to sell.
Brickfloor shall then assess the information provided by you to:
generate a home price guarantee for your property (Home Price Guarantee); and
if requested by the Vendor, may recommend certain real estate agents (Agents) who, in Brickfloor’s opinion, may meet the requisite skills, knowledge and ability to effectively facilitate the sale of your property, or alternatively at Brickfloor’s discretion, suggest an agent comparison website for you to consider dealing with (Recommendation).
If you seek a Recommendation from Brickfloor, we may provide you with a Recommendation, after which you may decide, at your own discretion, which Agent or comparison website to contact, interview and potentially contract with in respect of facilitating the sale of your property.
You agree and acknowledge that the Recommendation, including the selection process in respect of Agents presented to you, is based on the opinion of Brickfloor only, and, accordingly, Brickfloor has no responsibility, liability nor obligation in respect of your selection of an Agent or comparison website in respect of the sale of your property; and
Brickfloor makes no warranty or representation, express or implied, as to the fitness for purpose or suitability of the Agent for your needs as a Vendor. The information we provide is merely a reference tool to empower you to make your own decisions.
This clause is material and essential to these Terms and Conditions.
Services and Obligations – Brickfloor’s Home Price Guarantee
Brickfloor will provide you with an offer of a Home Price Guarantee amount for your property (Offer). This Offer will be subject to certain conditions such as Brickfloor confirming, at its own cost, and post physical inspection of your property, that the offer amount is, in its absolute discretion, appropriate (Offer Conditions). Any other Offer Conditions will be clearly specified in our Offer to you. These Offer Conditions may be waived by Brickfloor in its absolute discretion. The Offer will also clearly specify all fees that you will be charged in the event you accept the Offer (Fee), and the timing of the Fee payment. Acceptance of the Offer by you is at your sole risk and you are responsible for all decisions you make in connection with, or reliance on, the Offer.
To the extent permitted by law, Brickfloor makes no representation, warranty or promise that the Home Price Guarantee or Offer is suitable for your requirements or fit for the purpose you intend to use it for.
You agree and acknowledge that the Offer amount may be less than (or greater than) the assessed market value of the property and/or any price actually received following private sale or auction. Brickfloor does not give financial advice and the Home Price Guarantee does not take into account your personal needs, financial situation or circumstances. For a complete valuation of your property, seek expert valuation advice or see your real estate agent.
Use of Website
The Website may contain material, data or content uploaded, posted, emailed or otherwise electronically transmitted (posted) by users of the Website (Content).
Brickfloor reserves the exclusive right, in relation to the Website:
to access, use or examine any Content; and
at our discretion, move, remove or disable access to Content which we consider, in our sole opinion, to be unacceptable or otherwise breach any law.
By using and accessing the Website or the Services, you agree and acknowledge that all communications on or though the Website are public communications and you are solely responsible for any Content that you post. Brickfloor assumes no responsibility or liability arising from any such Content.
By using and accessing the Website, you agree that you will not do any of the following:
post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene or indecent Content;
post, communicate or transmit content which violates or infringes the rights of any other person or party or infringes any law;
stalk, harass, or otherwise harm others;
inhibit or restrict any other user from using the Website;
post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
post any Content that contains a survey, contest, pyramid scheme or any improper question;
delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
post, download or communicate any file or material posted by another user of the Website, if you know, or reasonably ought to know, that the file or content cannot legally be downloaded or communicated in that matter;
interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features;
access or attempt to access information resources you are not authorized to use;
collect or store personal data about other users of the Website;
impersonate or falsely represent your association with any person, organization or property; or
attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website (including any source code or algorithms).
You acknowledge that Brickfloor has no responsibility or liability for the deletion or failure to store any communications or content posted on the Website.
Brickfloor makes no warranty, representation or promise as to the availably of the Website or the Services. You acknowledge that Brickfloor may, in our sole discretion and without notice, vary, suspend or discontinue, temporarily or permanently, any or all of the Website or the Services and you agree we are not liable to you or any third party for such variation, suspension or discontinuance.
Brickfloor does not warrant that functions contained in the Website, including any hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Brickfloor or our hosting server, are free of viruses or bugs.
User Licence and Consent
You represent and warrant that all Content that you supply to us or provide over the Website and other communication means is true, accurate and not confidential to or is not a trade secret or owned by any other person.
You represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
You warrant that all Content posted by you is owned by you and our use of such Content does not infringe or violate intellectual property rights or any other rights of any third party. You license us to use, modify, adapt, publish, display, exploit, sublicense, create derivative works from and incorporate in other works any Content posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this license.
You indemnify Brickfloor against any and all legal fees, damages and other expenses that may be incurred by Brickfloor as a result of a breach of the above warranties.
To the fullest extent of the law, you waive any moral rights in your Content for the purposes of its submission to, publication on the Website and use by Brickfloor.
Third Party Content and Links
The Website may include links to third party sites which are not related to Brickfloor and in relation to which Brickfloor has no control or interest. The appearance of those links on the Website does not indicate any relationship between Brickfloor and that third party or any endorsement by Brickfloor of that third party, its site or the products or services which it is advertising on the Website.
To the extent permitted by law, the information on the Website is provided ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk.
Indemnity and Limit of Liability
You agree to defend, indemnify and hold harmless Brickfloor, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website, or resulting from, or alleged to result from, your use of the Website, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
You further agree to defend, indemnify and hold harmless Brickfloor, its officers, directors, employees, agents, subcontractors, licensors, associated or related entities and/or suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with any dealings you have or instigate with any Vendors, real estate agents, agencies and any other third parties.
You use the Website and the Services entirely at your own risk. To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these Terms and Conditions, might apply in relation to your use of the Website or the Services. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to $100.
Notwithstanding anything to the contrary in these Terms and Conditions, in no circumstances will we be liable to you or any third party for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
In conducting our business activities and providing the Website and the Services, we (and our associated or related entities) may collect, use, hold and disclose your personal information you provide to us. We respect your right to privacy, and subject to any agreement that you have with us, you may elect not to provide your personal information to us. However, if you choose not to do so, then we may not be able to respond to you, contact you or provide you access to the Services.
In addition to using your personal information for the purpose for which it is given, we may also disclose your personal information to: (i) our employees, related bodies corporate, contractors or service providers for the purposes of operation of the Website and the Services, fulfilling requests or answering queries by you; (ii) Agents, suppliers and other third parties that supply services to us, for our business, marketing, and related purposes; (iii) regulators and law enforcement agencies; (iv) associated businesses that may want to market products to you; and (v) other organisations for any authorised purpose with your express consent.
We may also receive personal information about you from those Agents, organisations, entities or persons after we have referred you to them.
These Terms and Conditions (together with any Offer provided by Brickfloor to you) constitute the entire agreement between us and you in relation to your use of the Website and the Services, and these Terms and Conditions supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Services.
To the extent of any inconsistency between these Terms and Conditions and any Offer provided by Brickfloor to you, the Offer shall prevail.
The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions, will survive cancellation of your registration or termination of the Services.
These Terms and Conditions are governed by the laws of Victoria, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria.
If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.