MAXLIST™ REGISTRATION TERMS
Thank you for choosing to create an account (Account) via the Maxlist™ website (our Website).
It is important to us that you enjoy success using our Website. Therefore, we recommend that you read the following terms that relate to the services (Registration Services) provided by Maxlist Pty Ltd A.C.N.604 326 730 trading as www.maxlist.com.au (we, us, our or Maxlist™).
Your decision to create an Account with us means you acknowledge that you have read, understood and agree to be bound by the terms contained in this agreement (these Terms). These Terms govern your use of the Registration Services. Your access to the Registration Services is conditional upon your acceptance and ongoing compliance with these Terms.
We may at any time and at our sole discretion, amend, revise or modify these Terms and/or the scope of the Registration Services. This may result in additional services being provided or some of the existing services being terminated.
How to access our Registration Services
Maxlist provides you, the registered user (Registered User), with access to the Website for the purpose of listing properties or businesses listed for sale or lease via the Website and/or browsing and accessing any listings or content provided by Registered Users.
- be registered to access the Registration Services and the associated benefits;
- hold all necessary licenses, consents, rights and authorisations to advertise the leasing and/or or sale of properties and businesses via the Website;
- be lawfully permitted to enter into an agreement to offer and pay a fee to another agent or their business entity for the purpose of introducing a purchaser or tenant, who procures the sale or lease of a property or business; and
- at the time of applying for registration, be the owner or the owner's agent.
Your registration is ongoing until such time that termination has occurred in accordance with these Terms.
Maxlist reserves the sole right to make changes to the Registration Services from time to time and to refuse a registration based on not being an estate agent or not the owner of the property or any misleading information provided by a person applying for registration.
Registration entitles you to a non-exclusive, non-transferable right to access and use the Registration Services, subject to the terms and conditions contained in these Terms. Registration occurs when you have successfully created an Account via our Website (the Registration Date).
When creating an Account, you warrant and represent that:
- you are 18 years of age or older;
- all information provided is true, accurate and complete to the best of your knowledge;
- you have authority to enter in to this agreement;
- you are either an estate agent, the legal owner of the property being listed or legal representative or agent of the owner. In addition you have the legal entitlement to sell or lease the property or business and can legally enter into an agreement to offer and pay a fee to another party in the event they introduced the purchaser or tenant;
- If you are an agent you will disclose to the owner and receive written consent of the intent to pay a referral fee to someone outside your agency/entity prior to any contract or lease being signed by the purchaser/prospect.
- you will provide to the purchaser/prospect prior to any contract or lease signed a disclosure form detailing the names, capacity of the parties, amount of benefit or referral fee, and the relationship the referring agent/entity has with the selling agent/owner/owners legal representative.
- if you are an appointed estate agent and have a conjunctional agreement or similar with another estate agent you have advised the conjunctional agent of the referral fee payment payable to another party in the event that they introduced the buyer or the tenant;
- if you have a prospective buyer or tenant in relation to an advertised listing, you have the lawful capacity to enter into a fee agreement with the listing agent, owner or representative on behalf of yourself, entity or estate agency;
- you agree to make inspection appointments, enquiries and offers through the listing agent and not contact the owner direct unless listed by the owner.
- you will not use the information on the Maxlist website to solicit listings.
- you will not advertise listings on Maxlist on your website, or other websites or any advertising medium without the consent of the listing agent/owner.
- you agree to allow Maxlist to distribute and market your uploaded listing details to third parties to encourage Maxlist registration and participation.
- you agree to abide by all state legislation, consumer and fair trading acts relating to real estate and not use this website in an unlawful manner to contravene any legislation and will only use the Registration Services for lawful purposes.
- you have read and understood the terms and conditions contained within this agreement and agree to be bound by them; and
You further agree and acknowledge that you are solely responsible for keeping all relevant and personal information, including but not limited to your Account’s username, passwords and other security features, confidential and secure to prevent unauthorised use of your Account. If you reasonably suspect that the security of your Account has been compromised, you must notify Maxlist immediately. You agree to be solely responsible for any conduct associated with, or originating from your Account.
We are not liable or responsible in any way for any damages, liabilities, costs and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, any breaches of the Account’s security resulting from your act or omission to act.
Payment of fees to Maxlist
By agreeing to these Terms, you also agree to the Payment, Cancellation and Refund Terms.
Listings uploaded via the Website
In order to use the Registration Services, you will be required to upload listings via your Account. You are solely responsible for the content of the listings that you upload via your Account and for any consequence of uploading that content. We do not guarantee any confidentiality with respect to any content that you upload via your Account.
You agree that you will not upload any listing that:
- contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you are the owner of that material or have permission from the rightful owner of the material or you are otherwise legally entitled to upload the listing and to grant Maxlist all of the licence rights granted herein;
- contains falsehoods or misrepresentations;
- is unlawful, threatening, harassing, hateful, encourages conduct that could be considered a criminal offence, gives rise to a civil liability, violates any law, or is otherwise inappropriate in the view of Maxlist;
- impersonates another person; or
- contains adult-oriented and/or explicit material.
By uploading listings via your Account, you grant Maxlist a worldwide non-exclusive, sub-licensable, royalty-free licence to:
- use, reproduce, distribute, display, publish and adapt any part or all of the listings;
- publicly promote, endorse or market the listings in any way whatsoever, including via the Website or otherwise; and
- perform or carry out any actions associated with achieving any of the above.
Acceptance of listings
Maxlist is in no way obliged to accept any listing uploaded by you via your Account. Maxlist may choose to notify you and provide reasons for the rejection of any uploaded listing, however we are not required to do so.
If you have any questions or concerns about the rejection of an uploaded listing or listings by Maxlist, you can contact us here.
Warranties and representations
You warrant and represent that:
- you have authority to enter in to this Agreement;
- you are authorised to upload the listing via your Account;
- you solely own the content contained with a listing and you have obtained all necessary rights, clearances, waivers and consents relating to that content;
- you are not aware of any pending or ongoing litigation relating to the content of any listing, or any part of it; and the listing that you upload via your Account is original and is not a reproduction, whether in whole or in part, of another person’s work.
Terms of agreement
These Terms commence on the Registration Date and will continue until such time that they are terminated under these Terms.
Maxlist may terminate these Terms if you commit any material breach of these Terms and in the case of a breach capable of being remedied; you have failed to remedy the breach within five (5) days after the receipt of a written request from Maxlist.
You may terminate these Terms at any time by providing written notice to us via email.
Upon termination, Maxlist will immediately disable your user name and password and consequently, deny you access to our Website and/or the Registration Services and your Account.
Representations and warranties
Subject to all applicable laws, the Registration Services are provided to you on an ‘as is’ basis and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.
Maxlist shall not fix, control, recommend, or suggest fees for services rendered by users.
Exclusions and Limitations of Liability
To the extent permitted by law, Maxlist will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:
- suspension or cancellation of an Account;
- your use of the Registration Services;
- any interruptions or delays in accessing the Website or the Registration Services; or
- circumstances beyond the reasonable control of Maxlist,
whether in contract, tort (including negligence) or otherwise.
All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.
To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:
- the resupply of the Registration Services; or
- the payment of the cost of having the Registration Services resupplied.
To the fullest extent permitted by law, you agree to indemnify Maxlist from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or a third party or claims made against you by a third party which result from your use of the Registration Services on the site.
Any notice to be given by Maxlist under these Terms or in relation to our Registration Services will be in writing, and sent to the email address provided by you in respect of the relevant Account, or by posting the relevant information on the Website. Such notice shall be deemed to have been given at the time the email was sent by Maxlist or at the time the relevant information was posted on the Website.
You shall not assign, transfer or sub-licence any of your rights or obligations under these Terms, except with the prior written consent of Maxlist.
If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
All rights not expressly granted in these Terms are reserved.
If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.
The laws of Victoria, Australia govern these Terms.
Registration Terms last updated on 1st June 2016.