I.Definitions and Interpretation
In these Terms, capitalised expressions have the meanings set out below.
Appointment means the moment at which a Professional or Client selects a Valuer’s quote on the Platform.
Client means a person who requires a Valuation, whether engaging a Valuer directly via the Platform or through a Professional.
Engagement means the contract between the Appointed Valuer and the Client (or the Professional acting on the Client’s behalf) for the supply of the Valuation, to which Valuers4U is not a party.
Platform means the online property-valuation introduction service operated by Valuers4U at valuers4u.com (and any subdomain).
Professional means a registered user of the Platform engaging Valuers on behalf of a Client (including any solicitor, accountant, mortgage broker, financial planner, buyers’ agent, public trustee, liquidator, administrator or bankruptcy lawyer).
Request means a property-valuation request lodged on the Platform by a Professional or Client.
Terms means these Terms and Conditions, as varied from time to time.
User means any Professional or Client who accesses or uses the Platform. Valuers’ use of the Platform is governed by a separate agreement between Valuers4U and each Valuer.
Valuation means a property valuation report or appraisal performed by a Valuer.
Valuer means a Certified Practising Valuer listed on the Australian Property Institute’s public register and registered with Valuers4U for the purpose of receiving Requests via the Platform.
Valuers4U or we, us, our means Valuers4U Pty Ltd ABN 13 951 044 552 of Suite 316, 45 Glenferrie Road, Malvern, Victoria 3144.
1.2In these Terms: (a) headings are for convenience only and do not affect interpretation; (b) the singular includes the plural and vice versa; (c) a reference to legislation includes amendments and re-enactments; (d) a reference to a person includes a body corporate, trust, partnership and unincorporated body; and (e) “including” and similar terms are not words of limitation.
II.The Platform and the Service
2.1Valuers4U operates the Platform as an online introduction service through which a Professional or Client may lodge a Request and receive competitive quotes from Valuers.
2.2Valuers4U’s role is limited to introducing the User to Valuers and providing the tools necessary to lodge a Request, receive quotes and confirm an Appointment. Valuers4U does not perform Valuations and is not a party to any Engagement that follows an Appointment.
2.3The Platform is provided to Professionals and Clients free of charge. Valuers4U does not invoice, charge or seek any payment from a Professional or Client at any time.
2.4Any fee for the Valuation is a matter solely between the Appointed Valuer and the Client (or the Professional acting on the Client’s behalf) under the Engagement. Valuers4U does not hold, transmit or have authority over funds passing under the Engagement.
2.5Anonymisation prior to selection. Where a Request is routed to multiple Valuers for competitive quotation, the Platform discloses to each matched Valuer only such property and scope information as is reasonably necessary to enable the preparation of a fee quote. The identity of the Professional, the Professional’s firm, the Client and the full street address of the property are not disclosed to any matched Valuer until the moment described in clause 2.6.
2.6Disclosure on Appointment. When the Professional appoints a quote, the Platform discloses to the Appointed Valuer (and to that Valuer alone) such identifying information about the Professional, the Professional’s firm, the Client and the full property address as is reasonably necessary for the Valuer to engage the Professional and the Client directly. Concurrently, the Platform discloses to the Professional the identifying information of the Appointed Valuer. By lodging a Request or submitting a quote, each User consents to that exchange of identifying information in the event of Appointment. Further detail is set out in our Privacy Policy.
2.7The Platform is provided on an “as is” and “as available” basis. Valuers4U may modify, suspend or discontinue any feature of the Platform at its discretion.
III.User Accounts and Acceptable Use
3.1Access to the Platform requires registration. Each User warrants that the information provided at registration and in any Request is true, accurate and complete.
3.2Each User is responsible for the security of its account credentials and for all activity occurring under its account, and must promptly notify Valuers4U of any unauthorised access.
3.3A User must not:
- use the Platform other than for its intended purpose;
- upload or transmit material that is unlawful, defamatory, infringing or that contains a virus or other malicious code;
- scrape, reverse engineer or attempt to derive the source code of the Platform, save to the extent permitted by law;
- misrepresent its identity or authority to act for any other person; or
- use the Platform in a manner that contravenes any applicable law.
3.4Where a Professional lodges a Request on behalf of a Client, the Professional warrants that they are authorised to do so.
IV.Intellectual Property
4.1All intellectual property rights in the Platform, including its software, design, content, branding and database structure, are owned by or licensed to Valuers4U.
4.2Each User grants Valuers4U a non-exclusive, royalty-free, worldwide licence to use, reproduce, store, transmit and display the content the User uploads to the Platform for the purposes of operating the Platform, providing the service to other Users in respect of the relevant Request, complying with law and producing aggregated, anonymised analytics.
4.3Valuations and quote content remain the property of the Valuer who produced them, subject to any licence granted by that Valuer to the Client. Nothing in these Terms transfers ownership of a Valuation to Valuers4U.
V.Disclaimers and Warranties
5.1The Valuer is solely responsible for the Valuation. The Appointed Valuer alone is responsible for the conduct, accuracy, completeness, timeliness and professional standards of the Valuation, and for any advice, opinion or representation contained in or arising from the Valuation. Valuers4U is not the author of, and gives no warranty in respect of, any Valuation.
5.2Subject to clause 5.4, Valuers4U gives no warranties of any kind, express or implied, in relation to the Platform, including any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, availability or freedom from defect or interruption.
5.3Without limiting clause 5.2, Valuers4U does not warrant: (a) the qualifications, conduct, solvency or performance of any Valuer; (b) the accuracy, currency or completeness of any quote or Valuation; (c) that any particular outcome (including a particular number of quotes, a particular fee level or a particular delivery timeframe) will be achieved; or (d) that the Platform will be uninterrupted, error-free or secure against unauthorised access in all circumstances.
5.4Nothing in these Terms excludes, restricts or modifies any guarantee, right, warranty or remedy conferred on a User by the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or by any other applicable law that cannot be lawfully excluded, restricted or modified.
5.5To the extent permitted by law, Valuers4U’s liability for breach of any non-excludable guarantee is limited, at Valuers4U’s election, to the supply of the relevant service again or the payment of the cost of having the service supplied again.
VI.Limitation of Liability
6.1Scope of liability. Valuers4U’s sole obligation to a User is to use reasonable care in operating the Platform and introducing the User to Valuers. Valuers4U’s liability under or in connection with these Terms is limited to that introduction service.
6.2Subject to clause 5.4, and reflecting that the Platform is provided to Users at no charge, the aggregate liability of Valuers4U to a User in connection with these Terms or the Platform, whether in contract, tort (including negligence), under statute or otherwise, is limited, at Valuers4U’s election, to the re-supply of the introduction service or one hundred Australian dollars (A$100).
6.3To the maximum extent permitted by law, Valuers4U is not liable for any indirect, consequential, incidental, special or punitive loss or damage, including any loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of data or loss of anticipated savings.
6.4Valuers4U is not liable for any act or omission of any Valuer, including in connection with the conduct, content, accuracy or outcome of any Valuation or Engagement. Liability for the Valuation rests with the Appointed Valuer alone.
VII.Indemnity
7.1Each User indemnifies Valuers4U against any loss, damage, liability, cost or expense arising out of or in connection with: (a) the User’s breach of these Terms; or (b) the User’s misuse of the Platform.
7.2This indemnity survives termination of these Terms.
VIII.Privacy and Data
8.1Valuers4U’s collection, use, storage and disclosure of personal information are governed by the Valuers4U Privacy Policy, which forms part of these Terms by reference and is administered in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
8.2Each User authorises Valuers4U to use information uploaded to the Platform for the purposes of operating the Platform, communicating with the User and other Users involved in the relevant Request, complying with law and producing aggregated, anonymised analytics.
IX.Variation, Suspension and Termination
9.1Valuers4U may vary these Terms by giving thirty (30) days’ written notice (which may be by email or posted to the Platform). Continued use of the Platform after the effective date of a variation constitutes acceptance.
9.2Valuers4U may suspend a User’s access to the Platform with immediate effect, by notice, if the User: (a) is in material breach of these Terms; (b) becomes insolvent or subject to external administration; (c) is the subject of a regulatory or disciplinary finding by the Australian Property Institute or any other applicable regulator; or (d) where Valuers4U reasonably determines continuation poses a material reputational or legal risk to the Platform or its Users.
9.3Either party may terminate the relationship between Valuers4U and the User on thirty (30) days’ written notice for convenience. Termination does not affect any accrued rights or obligations.
X.Dispute Resolution
10.1Any dispute concerning the Valuation, the Engagement or any fee payable for the Valuation is a matter between the User and the Appointed Valuer. Valuers4U is not a party to the Engagement and has no role in resolving any such dispute.
10.2If a dispute arises between a User and Valuers4U in connection with the Platform, the parties shall first negotiate in good faith for fourteen (14) days, then submit the dispute to mediation administered by the Australian Disputes Centre under its mediation rules. This clause does not prevent either party from seeking urgent injunctive or interlocutory relief from a court.
XI.General Provisions
11.1Governing law. These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and courts competent to hear appeals from those courts.
11.2Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between Valuers4U and the User in respect of the User’s use of the Platform and supersede all prior representations, agreements and understandings.
11.3Severance. If any provision of these Terms is held invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
11.4Waiver. No failure to exercise, and no delay in exercising, any right under these Terms operates as a waiver of that right.
11.5Assignment. A User may not assign or novate its rights or obligations without Valuers4U’s prior written consent. Valuers4U may assign or novate to a related body corporate or in connection with a sale of the Platform.
11.6Notices. Notices may be given by email to the address recorded by a User on the Platform or, in the case of Valuers4U, to e@valuers4u.com. Notices are deemed received upon delivery to the recipient’s mail server in legible form.
11.7Electronic communication. Each User consents to the formation of contracts and the delivery of notices by electronic means in accordance with the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Victoria) Act 2000.
11.8Force majeure. Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond that party’s reasonable control, including act of God, war, civil unrest, fire, flood, epidemic, governmental action and failure of telecommunications networks not within that party’s control.
11.9No agency. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between Valuers4U and any User.
11.10Survival. Clauses 4, 5, 6, 7, 8, 10 and 11 survive termination.
End of Terms & Conditions.