Terms & Conditions

Welcome to Coastal Buys!

WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Coastal Buys platform, accessible at coastalbuysaustralia.com.au (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Alice Coote trading as Coastal Buys Australia Pty Ltd ABN 74 019 034 865 (Coastal Buys, we or us).

The remainder of this agreement is divided into three parts:

• Part A (All Users), which sets out terms that apply to all Users;
• Part B (Vendors), which sets out additional terms that apply to Vendors, being Users who are licensed real estate agents acting on behalf of the seller of real property (property) through the Platform; and
• Part C (Customers), which sets out additional terms that apply to Customers, being Users who register for a Customer Account and/or request further information about, or an inspection of, property through the Platform.

If you intend to use the Platform as a Vendor, only Parts A and B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Parts A and C of these terms will apply to you.

We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Part A – All Users

1. ELIGIBILITY

1. This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:
   
   1. have not been suspended or prohibited from using the Platform; and
   2. are either:
      
      1. over the age of 18 years and accessing the Platform for personal use; or
      2. accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
2. Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
3. If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS

1. In order to place a listing for the sale of goods on the Platform, all Vendors are required to sign-up, register and receive an account through the Platform (an Account).
2. Customers have the option, and in order to use most of the functionality of the Platform may be required, to create or sign-up to an Account.
3. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, company name and ABN (if relevant), preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by Coastal Buys from time to time.
4. You warrant that any information you give to Coastal Buys in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
5. You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
6. Once you complete the Account registration process, Coastal Buys may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
7. Coastal Buys reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
8. Coastal Buys may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. USER OBLIGATIONS

As a User, you agree:

1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
2. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Coastal Buys of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
3. to not use the Platform for any purpose other than for the purpose of making arrangements to buy, sell, inspect or inquire about property, including:
   
   1. you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal goods, activities or purposes);
   2. you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Coastal Buys;
4. not to act in any way that may harm the reputation of Coastal Buys or associated or interested parties or do anything at all contrary to the interests of Coastal Buys or the Platform;
5. you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Coastal Buys;
6. that Coastal Buys may change any features of the Platform or listings offered through the Platform at any time without notice to you;
7. that information given to you through the Platform, by Coastal Buys or another User including a Vendor, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
8. that Coastal Buys may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3; and

4. POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
2. the Posted Material is accurate and true at the time it is provided;
3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
5. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
8. the Posted Material does not breach or infringe any applicable laws.

4.2 LICENCE

1. You grant to Coastal Buys a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Coastal Buys to use, exploit or otherwise enjoy the benefit of such Posted Material. For the avoidance of doubt, this includes Coastal Buys’ use of the Posted Material within its other online and print publications, and social media and video platform accounts.
2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Coastal Buys from any and all claims that you could assert against Coastal Buys by virtue of any such moral rights.
3. You indemnify Coastal Buys against all damages, losses, costs and expenses incurred by Coastal Buys arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 REMOVAL

1. Coastal Buys acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Coastal Buys may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
2. You agree that you are responsible for keeping and maintaining records of Posted Material.

5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

Coastal Buys will have no liability or obligation to you if:

1. a Vendor cancels a property a Customer or Vendor ceases to communicate with the other at any time; or
2. for whatever reason, including technical faults, the listing cannot be accessed, and you will not be entitled to any compensation from Coastal Buys.

6. CONTACT FEATURE

You acknowledge and agree that:

1. Vendors and Customers may contact each other directly via the Platform through our contact form feature (Contact Feature);
2. Coastal Buys will be notified whenever the Contact Feature is used;
3. Customers may inquire about Listings with Vendors via the Contact Feature; and
4. any information Users supply to each other via the Contact Feature must be true and not misleading.

7. SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Coastal Buys cannot and does not represent, warrant or guarantee that:

1. the Platform will be free from errors or defects;
2. the Platform will be accessible at all times;
3. messages sent through the Platform will be delivered promptly, or delivered at all;
4. information you receive or supply through the Platform will be secure or confidential; or
5. any information provided through the Platform is accurate or true.

8. INTELLECTUAL PROPERTY

1. Coastal Buys retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
2. You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Coastal Buys or as permitted by law.
3. In this clause 8, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

9. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Coastal Buys accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

10. THIRD PARTY TERMS

1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

11. DISPUTES BETWEEN USERS

1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Coastal Buys via info@coastalbuysmagazine.com.au . We will assess the complaint and attempt to quickly and satisfactorily resolve it.
3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
4. Notwithstanding any other provision of this clause 11, you or Coastal Buys may at any time cancel your Account or discontinue your use of the Platform.

12. SECURITY

Coastal Buys does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

13. DISCLAIMER

1. (Introduction service) Coastal Buys is a medium that facilitates the introduction of Customers and Vendors for the end purpose of buying, selling and inquiring about available property. Coastal Buys simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Vendors in relation to such property or otherwise resulting from the introduction.
2. (Limitation of Liability) To the maximum extent permitted by law the total liability of each party (being you, the User and us, Coastal Buys) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability.
3. (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
4. (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
5. (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Coastal Buys, except:
   
   1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
   2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

14. CONFIDENTIALITY

You agree that:

1. no information owned by Coastal Buys, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
2. all communications involving the details of other users on this Platform and of the Vendor are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

15. PRIVACY

You agree to be bound by the clauses outlined in Coastal Buys’ Privacy Policy, which can be accessed at https://coastalbuys.com.au/privacy.

16. COLLECTION NOTICE

1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

17. TERMINATION

1. Either Coastal Buys or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason.
2. If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, Coastal Buys will effect such termination within a reasonable time after receiving written notice from the User.
3. In the event that a User’s Account is terminated:
   
   1. the User’s access to all posting tools on the Platform will be revoked;
   2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
   3. the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

18. TAX

You are responsible for the collection and remission of all taxes associated with the real property you provide or receive or any transactions that may arise from your use of the Platform, and Coastal Buys will not be held accountable in relation to any transactions between Customers and Vendors where tax related misconduct has occurred.

19. RECORD / AUDIT

To the extent permitted by law, Coastal Buys reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Coastal Buys.

20. NOTICES

A notice or other communication to a party under this agreement must be:

1. in writing and in English; and
2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
3. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
   
   1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
   2. when replied to by the other party, whichever is earlier.

21. GENERAL

21.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

21.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

21.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

21.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

21.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

21.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

21.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

21.8 INTERPRETATION

1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word “includes” and similar words in any form is not a word of limitation;
10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
11. (currency) a reference to $, or “dollar”, is to Australia currency, unless otherwise agreed in writing.

Part B – Vendors

22. LISTINGS

You acknowledge and agree that:

1. you must use your best endeavours to provide as much information as possible in any listing you upload via the Platform (Listing);
2. Coastal Buys may choose not to accept any Listing you submit to the Platform, and Coastal Buys may limit the number of Listings you can submit on the Platform;
3. any information you supply in a Listing must be true, timely and accurate and remain that way while the Listing is live (for example, if a property is sold, you must update the Listing);
4. all Listings are for properties located in a “coastal region”, which for the purposes of this agreement is defined by being located within 30 kms from a coastline within a regional area or within 10 kms from a coastline within a metropolitan area;
5. you will have the option to display any sold price relating to a property in a Listing;
6. you must take all reasonable steps to provide an inspection to the property as described in every Listing that is requested by a Customer;
7. you must deal with any dispute with a Customer in accordance with clause 11 of Part A;
8. any additional terms and conditions relating to a Listing provided via the Platform are solely between you and the Customer and do not involve Coastal Buys in any way, except that they must not be inconsistent with either party’s obligations under this agreement; and
9. Coastal Buys will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Customer responding to a Listing, and the Vendor must take steps to independently verify the accuracy and reliability of such content.

23. FEES

1. Viewing the Platform and creating an Account is free.
2. Coastal Buys reserves the right to charge a fee to create a Listing which may, depending on the nature of the Vendors business or otherwise in Coastal Buys’ sole discretion be in the form of a fee per Listing (Listing Fee).
3. When you post a Listing to the Platform, you will be prompted to pay the Listing Fee to Coastal Buys as set out on the Platform or as otherwise agreed with Coastal Buys in writing. Listing Fees will vary depending on the type of listing package selected.
4. Luxury Listings are only available for properties valued over $3,000,000.
5. The Listing Fee will entitle Vendors to a twelve (12) month Listing on the Platform, unless otherwise agreed by the parties.
6. If a Listing is removed by the Vendor and re-listed at a later time, including within the twelve (12) month listing period, an additional Listing Fee will be payable by the Vendor.
7. Coastal Buys reserves the right to change or waive the Listing Fee at any time by updating this agreement on the Platform.
8. You will be required to use a Third Party Payment Platform in making any payments via the Platform (Third Party Payment Platform), and you warrant that you have read, understood and agree to be bound by Stripes terms at https://stripe.com/au/legal/consumer.

24. MARKETING AND PROMOTION

1. You agree and acknowledge that the Listing Fee includes a predetermined amount for social media marketing, being the “advertising spend” amount Coastal Buys will pay on behalf of the Vendor to promote (e.g boost) an in feed post on the Coastal Buys Australia Instagram page. This will be completed within two (2) weeks of the Listing being posted on the Platform.
2. In addition to clause 24(a), we may offer from time to time the option to promote a Listing on the Platform further (Promotion) for an additional fee (Promotion Fee).
3. Coastal Buys makes no warranties or guarantee of sales, traffic, or engagement with your Listing.

25. REFUNDS & CANCELLATIONS

1. The Listing Fee is by default non-refundable for change of mind. However, Coastal Buys may, in its absolute discretion, issue refunds of the Listing Fee in certain circumstances.
2. Nothing in this agreement is intended to limit your rights under the Competition and Consumer Act 2010 (Cth).

26. WARRANTIES

By listing yourself as a Vendor on the Platform and posting a Listing, you represent and warrant that:

1. you are able to provide the property as specified in the Listing; and
2. you will provide information to, an inspection of, and/or the potential sale of the relevant property to each Customer:
   
   1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
   2. in compliance with all applicable laws.

Part C – Customers

27. LISTINGS AND FEES

You acknowledge and agree that any terms and conditions relating to property or a quote provided via the Platform are solely between you and the Vendor and do not involve Coastal Buys in any way, except that they must not be inconsistent with either party’s obligations under this agreement.

28. PAYMENT

1. (Payment obligations) All payments for the property or any goods or services advertised by a Vendor in a Listing are to be between you and the Vendor, and you acknowledge and agree that Coastal Buys has no involvement in the payment process.
2. (Release) You agree to release Coastal Buys and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Vendor.

29. CANCELLATIONS

1. Coastal Buys will have no liability or obligation to you if a Vendor removes a Listing at any time after you have inquired about it or otherwise booked an inspection with the Vendor and you will not be entitled to any compensation from Coastal Buys.
2. If you wish to cancel an inspection with a Vendor, you must contact the Vendor.

30. LINKED BUSINESSES

You acknowledge and agree that:

1. the Platform provides links and introductions to Vendors (which by reference includes real estate agents), either of which may be owned and operated by third parties that are not under the control of Coastal Buys;
2. the provision by Coastal Buys of introductions to Vendors does not imply any endorsement or recommendation by Coastal Buys of any Vendor;
3. Coastal Buys does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Vendor who uses or is listed on the Platform;
4. Listings are based on the information provided by Vendors and are subject to the terms and conditions of the Vendors, and Coastal Buys has no obligation to verify any information in a Listing; and
5. any terms and conditions relating to a property or other good or service, Listing or quote provided via the Platform constitute a contract between you and the Vendor and do not involve Coastal Buys in any way.

31. COMMUNICATION OUTSIDE THE PLATFORM

1. You must ensure any initial communication with a Vendor regarding a Listing is through the Contact Feature and not through any other means outside the Platform.
2. Coastal Buys, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 31.