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Listing Terms and Conditions 

Listing terms and conditions refer to SDA Property Listings and SDA Home open listings 

Terms and Conditions 

NDISDA SDA Housing and Disability SDA Property Listing

As at 1 Jan 2023  

Jazcorp Australia Pty Ltd t/a NDISDA SDA Housing and Disability ABN 84 123 926 956

In these terms and conditions, “we” “us” and “our” refers to NDISDA SDA Housing and Disability (“NDISDA”)

Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for SDA owners of property or authorised Real Estate Agents acting on behalf of SDA owners of property in Australia only, as the service is currently only available for Australian property owners or Real Estate Agents for SDA properties

We reserve the right to amend this Notice at any time and your use of the website. Any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.

Registration

1. In order to access the SDA Property Listing Advertising services provided on this website, you must either fill in your details on the listing form provided on the www.ndisda.com.au website ‘ SDA Property Listing Form”  or become an NDISDA Member. You can receive reduced rates for listings by becoming an NDISDA member by filling out the form on our membership/registration page or your by noting your Membership number. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change by emailing admin@ndisda.com.au

3. We reserve the right to terminate your registration at any time without notice if you breach these terms and conditions.

4. Our services are intended to be used by authorised real estate agents, vendors within Australia only.

 

Our Website Services

5. Our services are available to those that are the legal owner of the property/s or have been granted legal permission by the owner/s to sell  property within Australia, or have been granted legal permission to list a Home Open.

6. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from the Property Listing page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.

Product and Service Descriptions

7. We strive to ensure that our products and services are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

8. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product or service i.e. signage, flyers and other available products.

Service Orders

9. Services are available to those that are the legal owner of the property/s or have been granted legal permission by the owner/s to sell property or list a Home Open within Australia.

10. If the premises are not sold/leased/off market after 6 months, the listing on www.ndisda.com.au will expire and be removed if not renewed. Renewals can be requested by emailing www.ndisda.com.au

11. We supply our services to customers within Australia only.

12. We endeavour to ensure that our services list is current however we give no undertaking as to the availability of any service advertised on our website.

13. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from SDA Property Listing page and we reserve the right to amend our prices at any time.

14. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and payment details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

15. We reserve the right to accept or reject your order within 14 days. If your order is rejected, staff will contact you and offer a refund. We are not required to give reasons for rejecting your order.

Refund Policy

16. On occasion there may be ‘human error’ from staff and a small error may occur with your listing. It is the responsibility of the user to check their listing and ensure it is correct at all times. NDISDA SDA Housing and Disability  (“NDISDA)  takes no responsibility and offers no reimbursements for errors missed by users.

17. There are no refunds should you cancel your 3 month listing within the 3 month or the 6 month listing within the 6 months.

Site Access

18. When you visit our website, we give you a limited licence to access and use our information for personal use.

19. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

20. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

21. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

22. Any person who uses this site without proper and lawful authority agrees to indemnify and keep indemnified NDISDA SDA Housing and Disability  (“NDISDA)  against all and any liability, loss and damage of any kind caused by such improper and unlawful use.

23. You, as user, agree that in accessing information on NDISDA SDA Housing and Disability  (“NDISDA)  you release NDISDA SDA Housing and Disability  (“NDISDA) , to the extent permitted by law, from claims regarding usage of data or information available on the website. NDISDA SDA Housing and Disability  (“NDISDA)  will not be accountable for incidental or consequential damages ensuing from use of the data or information.

24. In the instance that login facility becomes available on the website, it is the responsibility of the user to keep their username and password secure. NDISDA SDA Housing and Disability (“NDISDA)  does not access personal passwords, however employees can see usernames and reset user passwords when needed. The sharing of your username and password is forbidden under NDISDA SDA Housing and Disability (“NDISDA) Terms of Service. Please notify a staff member if you believe your username or password has been breached.

25. NDISDA SDA Housing and Disability (“NDISDA) reserves the right to add or delete any third-party portal from its list of exported destinations without advance notice to existing users of NDISDA SDA Housing and Disability  (“NDISDA) . The third-party use of any website within the NDISDA SDA Housing and Disability (“NDISDA)  export is at the sole discretion of NDISDA SDA Housing and Disability  (“NDISDA) . NDISDA SDA Housing and Disability (“NDISDA)  does not and cannot provide any guarantee regarding the continuity of these relationships. You, the user, indemnify NDISDA SDA Housing and Disability (“NDISDA)  from any actions on your behalf should NDISDA SDA Housing and Disability  (“NDISDA)  be unable to provide access to any of its third-party sites at any stage.

26. NDISDA SDA Housing and Disability (“NDISDA) does not warrant that the website or any of its content will be available on a secure, virus free, continuous or uninterrupted basis. NDISDA SDA Housing and Disability  “NDISDA)  is not liable for any damage or loss suffered by users that may occur because of their inability or the inability of other users to access any of the content on the website.

27. NDISDA SDA Housing and Disability (“NDISDA)  provides no guarantees, undertakings or warranties regarding the correctness, comprehensiveness or currency of information, or its fitness for any paying or free users purpose or intent. Users are advised to confirm information at their discretion.

28. Information changed post-publication can alter information accuracy, and NDISDA SDA Housing and Disability  (“NDISDA)  does not assure the information accuracy or guidance therein. Websites linked to from NDISDA SDA Housing and Disability  (“NDISDA)  are not controlled by NDISDA SDA Housing and Disability  (“NDISDA) . Users must decide for themselves the correctness, comprehensiveness, trustworthiness and currency of information on third party sites.

Acceptable Use of Site

29. New listings will be vetted by NDISDA SDA Housing and Disability  (“NDISDA)  prior to being exported to our website and third-party portals. Please allow time for your listing to be verified by NDISDA SDA Housing and Disability (“NDISDA)  and uploaded to the system. Providing all information has been completed in full by the user, the property will be activated within 8 hours (excluding on public holidays and outside of business hours).

30. It is up to the user to follow up if they believe their listing is not live. Listings completed between the hours of  6.30pm and 9am the following day, will not be activated until business hours recommence.

31. Under no circumstances are you to enter your own contact details, including your contact name, number, email address etc. within your listing description, heading or images. Additionally, no reference may be made to private sale, sale by owner or similar terminology. Breaches of this term will result in a warning and multiple breaches will result in your listing being removed either temporarily or permanently, on a case by case basis. NDISDA SDA Housing and Disability  (“NDISDA)  will offer no compensation, including refunds or new listings to owners for breaking these terms.

Listing Requirements

32. Users warrant that they are either the legal owners of the property (vendors) and/or have the legal entitlement to enter in a contract of sale for the property they are listing.

33. Vendors must be able to supply proof of ownership to NDISDA SDA Housing and Disability  (“NDISDA) . Proof of ownership such as copy of title/council rates etc must be provided before a listing will be activated. If a vendor wishes to market a property they have just purchased and/or for which settlement has not yet occurred they will need to provide a signed letter from the prior owner’s solicitor, otherwise, marketing may not take place until the settlement has been finalized and proof of ownership documents can be provided.

34. It is a condition of use of this site that vendors have arranged the required contract for sale and which NDISDA SDA Housing and Disability  (“NDISDA)  can verify in states where this is a legal requirement of marketing and sale

35. Images and text supplied to NDISDA SDA Housing and Disability  “NDISDA)  must be owned and/or created by the vendor. Any use of images owned by third parties must only occur where a written authority has been obtained by the vendor from the legal or copyright owner of the images or data. Any images supplied must be actual photos of the property for sale

36. Vendors shall not provide dishonest or misleading information about their property to NDISDA SDA Housing and Disability  (“NDISDA) . An example of a misleading comment could be ‘no deposit needed’ when in fact a deposit is asked for. Another example may be ‘ocean views’ when such views are not genuinely available from a normal viewing position within the property. Please refer to the relevant sections within your state Fair Trading Office as to what else may constitute false or misleading information within a real estate advertisement.

37. Vendors must provide the correct legal (generally the council rates) address on the property listing. Vendors must use the true and accurate suburb which represents the legal address of the property for sale. No vanity attempts may be made to secure greater search results by falsifying a correct legal address by using a more prominent adjoining suburb. NDISDA SDA Housing and Disability  (“NDISDA)  is required to list ALL property under the correct legal property address as under third party website terms. NDISDA SDA Housing and Disability  (“NDISDA)  will offer no reimbursement or refund for users who wish to list under an address other than the legal property address or who knowingly breach these terms.

38. Vendors must disclose with NDISDA SDA Housing and Disability  (“NDISDA)  if they are in a legally binding contract for sale with either another real estate agent or person prior to marketing on NDISDA SDA Housing and Disability  (“NDISDA)  website. NDISDA SDA Housing and Disability  (“NDISDA)  will not be held accountable for unknowingly marketing any property that is held under contract with another company/persons. The user takes full responsibility for any fees, commissions or other monies owed to other parties.

Marketing Terms

39. The minimum term for sign up is 3 months and the maximum term is 6 months. Should the vendor renew their listing, they may do so for the minimum term of 3 months. A listing is exclusive to that vendor/ agent and will not be listed twice at the same time for that period of advertising 

40. Vendors must be responsive to enquiries from buyers and/or tenants and NDISDA SDA Housing and Disability  (“NDISDA)  within a reasonable timeframe

41. Properties must be current to be advertised. "Current" means that the property is available purchase immediately. When listings sold, they must be marked as such within the NDISDA SDA Housing and Disability  (“NDISDA)  system within 7 days. It is not permitted to keep a property active and/or simply extend the availability date whilst that specific property is leased/not available. For example, “reusing” the same listing to lease the property in the future (e.g. after the end of tenancy attained through a prior round of advertising) or leaving a listing online to garner enquiries for other properties.

42. Whilst NDISDA SDA Housing and Disability  (“NDISDA)  personally checks all listing changes, the user is ultimately responsible for the content of their listing. The user must check their listing on third party websites regularly to ensure their satisfaction.

43. On occasion there may be ‘human error’ from staff and a small error may occur with your listing. It is the responsibility of the user to check their listing and ensure it is correct at all times. NDISDA SDA Housing and Disability  (“NDISDA)  takes no responsibility and offers no reimbursements for errors missed by users. By agreeing to these terms, you agree that your listing content is your full and total responsibility as the user. Errors should be reported immediately to NDISDA SDA Housing and Disability  (“NDISDA)  staff.

Hyperlinks

44. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

Intellectual Property Rights

45. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

46. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

47. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

48. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

49. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

50. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

51. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.

52. Notwithstanding the above Terms and Conditions, NDISDA SDA Housing and Disability  (“NDISDA)  shall abide by all relevant Australian laws and should any legislature change which affects the definition or interpretation of these terms NDISDA SDA Housing and Disability  (“NDISDA)  may change these terms as a result without notice.

Limitation of Liability

53(i) We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

(ii) We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

(iii We do not participate in any way in the transactions between our users.

Indemnity

54. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.

Force Majeure

55. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

Jurisdiction

56. These terms and conditions are to be governed by and construed in accordance with the laws of All States and Territories and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in All States and Territories and you agree to submit to the jurisdiction of those Courts.

57. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

Privacy

58. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

59. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.

Dealings with NDISDA SDA Housing and Disability  (“NDISDA)  Staff

60. It is a condition of use of NDISDA SDA Housing and Disability  (“NDISDA)  services that Vendors are at all times respectful and courteous in their dealings with NDISDA SDA Housing and Disability  (“NDISDA)  staff members. Abusive behaviour of any kind will not be tolerated and may result in removal of your listing. NDISDA SDA Housing and Disability  (“NDISDA)  may offer no refund or reimbursements in this case. You acknowledge under these terms that any abusive dealings with staff will be recorded by staff and used as required.

61. Any breach of these Terms and Conditions by a user may result in the user’s property being removed from NDISDA SDA Housing and Disability  (“NDISDA)  without refund and/or the user being barred from advertising properties with NDISDA SDA Housing and Disability  (“NDISDA)  in the future.

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