General Terms and Conditions of Use

Agreement

These General Terms and Conditions of Use constitute a bilateral agreement between you and Proffer Group Pty Ltd (Proffer). These General Terms and Conditions of Use govern your use of the Proffer website and each of proffer.me and its connected services (Site) whether you are using the Site as an Agent, Buyer or Owner.

Please read these General Terms and Conditions of Use carefully. By using the Site, you agree to be bound by these General Terms and Conditions of Use and the Privacy Policy and any other policies adopted by the Company (Policies).

The Site and its connected services are provided “as is” and “as available” without warranty of any kind. Except where we provide you certain services or products for a fee, general use of the Site is free of charge. Use of any part of the Site is at your sole risk. By using the Site you are accepting sole responsibility for any and all transactions which are entered into as a result (directly or indirectly) by your use of the Site.

We may change or amend these General Terms and Conditions of Use from time to time. If we change or amend this agreement, you will be notified the next time you visit the Site and asked to confirm that you agree to the changed or amended terms. If you do not agree to our changes or amendments, you must immediately stop using the Site, and its connected services. If you do not do so, you will be taken to have agree to the changes and amendments.

Our Site

Our Site enables users to view a property estimate and allows Buyers to make a non-binding expression of interest (a “proffer”) in relation to a residential property. A “proffer” is a non-binding expression of interest and does not and is not intended to create legally binding obligations. Any agreement or transaction entered into by users following their use of Site is a private agreement or transaction between those users only. Proffer is not party to and takes no responsibility for any transactions which are entered into by users following their use of the Site.

Your account and information

You agree that any information provided by you on or to the Site is true, complete and accurate. You agree to inform us promptly on becoming aware that any information you have provided us is or has become untrue, incomplete and inaccurate. If you provide information that is or becomes untrue, incomplete or inaccurate, or we have grounds to suspect that such information is untrue, incomplete or inaccurate, without limiting any other rights or remedy available to us, we may limit, suspect or terminate your access to the Site.

Access to certain parts of the Site will require you to register an account with us.

Depending on how you wish to use the Site, you may register an account as:

Agent – meaning that you are an individual, business or company who wishes to use the Site and its associated services as a real estate agent with whom other users (such as Owner and Buyers) may contact regarding residential properties on the Site and any property estimates provided on the Site.
Owner – meaning that you are an individual, business or a company who wishes to use the Site to apply a property estimate to a property you own.
Buyer or other general user – meaning that you are an individual, business or a company who wishes to use the Site to view properties to make a “proffer” and/or communicate with other users of the Site.
Advertiser - meaning that you are an individual, business or a company who wishes to use the Site [to advertise its business and services].

Certain specific terms and conditions will apply to users who register an account as an Agent or Owner. Further, if you register an account that is subject to a subscription service, we may send you additional terms and conditions that set out the rules governing your use of the Website and the subscription service. You agree to comply with any such further terms and with any relevant laws that apply to your use of that aspect of the Site.

You are responsible for keeping your username and password secure. You agree to take all responsibility for all activities that take place under your account and to notify us immediately upon you becoming aware of any unauthorised use of your account or any other breach of security. We reserve the right to take any action we deem appropriate on receiving notification from you of unauthorised use of your account or a breach of security.

We may make changes to the Site

We may update or change the Site at any time without notice due to business requirements, such as changes to our products and services, functionality needs, users' needs or changes to applicable law.

We may suspend or withdraw Site

By using the Site, you acknowledge that Proffer is entitled to (without notice or warning):

suspend your account, temporarily or permanently, where Proffer does not consider your use of the Site complies with the General Terms and Conditions of Use, Privacy Policy or the Special Terms of Use;
remove, temporarily or permanently, or modify, information you have uploaded to the Site which Proffer does not consider complies with the General Terms and Conditions of Use or these Special Terms of Use; and
use, edit, modify, prepare derivative works of, reproduce, publish, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully utilise you have uploaded to the Site, including, but not limited to, in connection with:
1. development and expansion of the Site and the associated services; and
2. promotion and marketing of the Site and the associated services in any media formats and through any media channels (including, without limitation, third-party websites).

We are not responsible for viruses

We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your technology to use the Site, including using virus protection software.

We are not responsible for websites we link to

Where the Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only and do not constitute our approval, recommendation or endorsement of those linked sites or content on them. We have no control over the contents of those sites and you use those sites entirely at your own risk and subject to the terms and conditions of use of those respective sites.

Do not rely on the Site

Although we make reasonable efforts to continually update the Site, to the extent permitted by law, we make no guarantee, representation or warranty, express or implied, regarding the operation, availability, accuracy, completeness or timeliness of the Site, both in Australia and in any other location. You should not rely on anything on the Site as advice and we will not be liable to you in any way if you do.

Eligibility to use the Site

The Site is directed to users who are 18 years or older (or otherwise possess legal parental or guardian consent) and reside in or use the Site within Australia. If you use the Site from outside Australia, you do so at your risk and are responsible for complying with laws applicable at your location.

Rights to and in the Site

We are the owner or licensee of all intellectual property rights in the Site and all content published on it. We reserve all rights under the protection of copyright laws and treaties in Australia and around the world.

Trade marks that we register from time to time in connection with the Site and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors (in which case they may be the trade marks of their respective owners and used by us under licence). You must not use such marks without our prior written permission unless they are part of content you are using as permitted under clause 12.

Except with our prior written consent, you may only use the Site for personal and non-commercial purposes or modify or use paper or digital copies of any content from the Site, in accordance with these terms of use. If you breach these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of content you have made.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from any content from the Site.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other login or security credential as part of our security procedures, you must treat such information as confidential and not disclose it to any third party.

We have the right to disable any login or security credential, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these terms of use.

If you know (or suspect) that anyone other than you knows your login or security credentials, you must promptly log into the Site and change your password and take steps to prevent any other person from accessing your account.

User-generated content

The Site may contain interactive features such as links to social media apps and sites (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit (post) to other persons content (collectively, User Contributions) on or through the Site. Such content has not been verified or approved by us. The views expressed by users of or on the Site do not represent our views or values.

Any User Contribution you post to the Site will be considered non-confidential. You retain any ownership rights you may have in your content, however by providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the non-exclusive, worldwide, royalty-free and perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content for any purpose.

We have the right to:

edit, remove, refuse to post or take any action (including monitoring, storing or disclosing) with respect to any User Contribution in our sole discretion such as when your post does not comply with the content standards in these General Terms and Conditions of Use; and
disclose your identity to any third party who claims that any User Contribution constitutes a violation of their intellectual property rights or right to privacy, and we have no obligation to enquire or investigate the accuracy or legitimacy of such claims.

You represent and warrant that:

you own or control all rights in and to your User Contributions and have the right to grant the above licence to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;
all of your User Contributions comply with these General Terms and Conditions of Use;
you understand and acknowledge that you are responsible for any User Contribution you submit or contribute, including in relation to its legality, reliability, accuracy and appropriateness;
we are not responsible, or liable to any third party, for the content or accuracy of any User Contribution posted by you or any other user of the Site;
you are solely responsible for securing and backing up your content and User Contributions; and
you unconditionally waive your moral rights in respect of your User Contributions.

Content standards

The content standards in this clause apply to any and all User Contributions, use of social media features and use of the Site to post or attempt to post any content. In particular, you warrant that your User Contributions will not, without our prior written consent:

contain any content which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
contain or promote sexual or pornographic content, violence or discrimination based on race, sex, religion, nationality, physical or mental disability, sexual orientation or age or incite hatred or violence;
violate the legal rights (including rights of publicity, privacy and intellectual property rights) of others or contain any content that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these terms and our privacy policy;
be likely (or be reasonably likely) to mislead or deceive any person;
conduct, assist or promote any illegal activity or purpose or cause a security or privacy risk to any person;
contain personal information (including images) of other persons unless you have their consent;
impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
involve commercial activities or sales, such as contests, sweepstakes and other promotions or advertising; or
give the impression that they are derived from or are endorsed by us or any other person or entity, if this is not the case.

Whenever you make use of a feature that allows you to upload content to the Site, or make contact with other users of the Site, you must comply with the content standards in this clause.

You acknowledge that you will be liable to us and indemnify us for any breach of the above warranties. This means you will be responsible for any loss or damage we suffer as a result of the breach. We may report any breach to relevant law enforcement authorities and cooperate with those authorities including by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Prohibited uses

You may only use the Site in accordance with these terms of use and not use (or attempt to use) the Site without our prior written consent:

in any unlawful way that violates applicable Australian or international laws;
to exploit, abuse, harass, stalk or harm others (including minors) in any way such as by exposing them to inappropriate content, asking for money, personal information or passwords, or otherwise;
to send, knowingly receive, upload, download, use or re-use any content which does not comply with the content standards set out in clause 12;
to transmit, or procure the sending of, any advertising or promotional content, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or login or security credentials associated with any of the foregoing);
to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose us or them to liability;
by using any manual process or robot, spider or other automatic device, process or means to monitor, circumvent, modify, reverse engineer, sub-license, scrape, index, frame, mirror, sell or copy the Site or for any other unauthorized purpose;
to introduce any viruses, trojan horses, worms, logic bombs or other code or content which is malicious or technologically harmful or designed or intended to interrupt, limit or destroy the functionality of computer hardware or software;
in any manner to gain unauthorized use to, interfere with, damage, disable, overburden or disrupt any part of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site, including another person's ability to use the Site;
to commit any denial-of-service attack or a distributed denial-of-service attack; or
to otherwise abuse or interfere with the proper working of the Site.

We may report any of the above activities to relevant law enforcement authorities and cooperate with those authorities including by disclosing your identity to them. In the event of such activities, your right to use the Site will cease immediately.

Rules about linking to the Site

You may link to the Site or any part of it, provided you do so in a way that is fair, lawful and does not damage our reputation or take advantage of it, and must not be done, without our prior written consent, in such a way to suggest any form of association, approval or endorsement on our part where none exists. The website from which you are linking must comply with the content standards set out in these General Terms and Conditions of Use. We reserve the right to withdraw linking permission at any time without notice.

Limitation of liability

Proffer does not guarantee the accuracy or reliability of the information presented on this platform, including but not limited to, any content or data generated by Proffer or on its behalf, as well as any third-party content available on our website.

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it or such other websites or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted at law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees on a full indemnity basis) arising out of or relating to your breach of these terms or use of the Site, including, but not limited to in relation to your User Contributions.

Governing law

These terms of use, their subject matter and their formation, are governed by the laws of the State of New South Wales. You submit to the non-exclusive jurisdiction of the courts in the State of New South Wales