Terms and Conditions

Welcome to Book an Appraisal!

These terms and conditions outline the rules and regulations for the use of Book an Appraisal's Website and service, located at https://bookanappraisal.com.au.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use Book an Appraisal if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing Book an Appraisal, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, Book an Appraisal and/or its licensors own the intellectual property rights for all material on Book an Appraisal. All intellectual property rights are reserved. You may access this from Book an Appraisal for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Copy or republish material from Book an Appraisal

• Sell, rent, or sub-license material from Book an Appraisal

• Reproduce, duplicate or copy material from Book an Appraisal

• Redistribute content from Book an Appraisal

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Book an Appraisal does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Book an Appraisal, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Book an Appraisal shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Book an Appraisal reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Book an Appraisal a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

• Commonly-known consumer and/or business information sources;

• Dot.com community sites;

• Associations or other groups representing charities;

• Online directory distributors;

• Internet portals;

• Accounting, law, and consulting firms; and

• Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Book an Appraisal; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Book an Appraisal via our Contact page. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Book an Appraisal's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimers:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury;

• Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• Limit any of our or your liabilities in any way that is not permitted under applicable law; or

• Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We organise appraisals with local real estate agents, and in some areas we’re also able to assist directly at our discretion, and you are under no obligation to proceed with or engage any services that we offer.

By submitting any form on this Website and providing your personal information, you acknowledge and agree that Book an Appraisal may collect, use, and disclose your information to relevant third parties as necessary to deliver the requested services.

Book an Appraisal operates as a booking and referral service only. We facilitate the arrangement of appraisal appointments between users and real estate agents for the purpose of providing property appraisals. Use of this service does not create any obligation for the user to engage, appoint, or enter into any agreement with any real estate agent introduced through this Website. Any decision to appoint a real estate agent, including the execution of an exclusive authority or any other agreement, is made solely at the user’s discretion. The user is responsible to ensure that any real estate agent they may choose to appoint has all the valid and legal licenses and qualifications to operate in their state or territory.

Where a user elects to engage a real estate agent, any contractual relationship is strictly between the user and the real estate agent. Book an Appraisal is not a party to any such agreement and accepts no responsibility or liability for the conduct, performance, advice, representations, or services provided by any agent or for any loss, damage, cost, or expense arising from or in connection with the services, conduct, advice, or performance of any real estate agent.

Users acknowledge that the selection and appointment of any real estate agent is entirely their own decision, and that Book an Appraisal provides a convenience-based service only, facilitating introductions and appointment bookings, with no obligation for the user to use the services of this Website or of any real estate agent.

If for any reason you require further appraisal appointments, you may contact our office via our Website's Contact form to arrange another appraisal booking.

Disclaimer 2.

1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

2. Subject to this clause, and to the extent permitted by law:

   1. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

   2. Book an Appraisal will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Book an Appraisal make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Book an Appraisal) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

   1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

   2. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

   3. costs incurred as a result of you using the Website, the Services or any of the products of Book an Appraisal; and

   4. the Services or operation in respect to links which are provided for your convenience.

• Limitation of liability

  1. Book an Appraisal‘s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you (our booking service is free of charge).

  2. You expressly understand and agree that Book an Appraisal, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

• Termination of Contract

  1. The Terms will continue to apply until terminated by either you or by Book an Appraisal as set out below.

  2. If you want to terminate the Terms, you may do so by:

     1. providing Book an Appraisal with 30 days’ notice of your intention to terminate; and

     2. closing your accounts for all of the services which you use, where Book an Appraisal has made this option available to you. Your notice should be sent, in writing, to teamleader@bookanappraisal.com.au

Disclaimer 3.

1. Book an Appraisal may at any time, terminate the Terms with you if:

   1. you have breached any provision of the Terms or intend to breach any provision;

   2. Book an Appraisal is required to do so by law;

   3. the provision of the Services to you by Book an Appraisal is, in the opinion of Book an Appraisal, no longer commercially viable.

2. Subject to local applicable laws, Book an Appraisal reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Book an Appraisal‘s name or reputation or violates the rights of those of another party.

• Indemnity

  1. You agree to indemnify Book an Appraisal, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

     1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

     2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

     3. any breach of the Terms.

• Dispute Resolution

  1. Compulsory:If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

  2. Notice:A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

  3. Resolution: On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:

     1. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

     2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Consumer Affairs Victoria or his or her nominee;

     3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

     4. The mediation will be held in Melbourne, Australia.

  4. Confidential:All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

  5. Termination of Mediation:If 2 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

• Venue and Jurisdiction

  1. The Services offered by Book an Appraisal is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

• Governing Law

  1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

• Independent Legal Advice

  1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

• Severance

  1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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