Terms

SellSmart Terms and Conditions

For Consumers and Vendors

The SellSmart terms and conditions (‘Terms’) constitute a legally binding agreement between You and SellSmart governing your use and access to the SellSmart Website (www.sellsmart.com.au) and the SellSmart Platform.

SellSmart operates an online real estate marketplace platform (the Platform) allowing Users to connect through the SellSmart platform with other Users who provide Services.

The Terms extend to the following, referred to collectively as Users:

Consumers: any person who uses the SellSmart website, whether or not they login to the SellSmart Platform;
Vendors: a person or persons who create an account (or have an account created for them by an Agent) for the purposes of preparing a house for sale;

As a Vendor, you will interact in the course of using the Website and Platform with the following Users:

Agency/Agent: a business and its employees who are engaged in the business of real estate;
Suppliers: a person or business providing services to a Vendor in the course of preparing the house for sale.

Please read these Terms and the Privacy Policy carefully before using the SellSmart Website and Platform. The Privacy Policy can be found here for you reference. By using the Website, you agree that you are a User for the purposes of these Terms and that you agree to these Terms.

SellSmart cannot guarantee uninterrupted availability and accessibility of the SellSmart Website or Platform. In certain circumstances, SellSmart may need to restrict the availability of the SellSmart Platform or certain areas or features within it. Such circumstances include, but are not limited to, capacity limits, the security or integrity of SellSmart’s servers, the need to perform maintenance measures that ensure the proper or improved functioning of the SellSmart Platform, or changes in services supplied via third parties. SellSmart may also periodically improve, enhance, and modify the SellSmart Platform and may introduce new features from time to time.

We make no warranty that the Platform will not be uninterrupted, timely, secure or error-free; The associated Services will be uninterrupted, timely, secure, or error-free; The results that may be obtained from the use of the Platform will be accurate or reliable; and Any errors in the Platform will be corrected.

1. Continuity of Services

To use the SellSmart Platform, you must:

be at least 18 years old;
have the legal capacity and authority to enter a contract;
be a natural person, though
register to create an account with SellSmart;
provide your name, email address, mobile phone number, nominated real estate agent, and other personal details;
provide accurate, current, and complete information during the account creation process and keep your SellSmart Profile up to date at all times.

You agree that an Agent may register a SellSmart Account on your behalf, provided you have provided the Agent the authority to legally bind you and grant us all permissions and licenses provided in these Terms and Conditions.

Users are responsible for maintaining the confidentiality and security of your SellSmart Account. You must immediately notify SellSmart if you know or reasonably suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorised use of your SellSmart Account. You are liable for any and all activities conducted through your SellSmart Account.

Registering and creating an account with SellSmart is free of charge.

2. Creating a SellSmart Account

SellSmart is solely the provider and administrator of the Platform.

SellSmart does not endorse or verify any User and we do not assume any responsibility for the confirmation or verification of any User’s identity. Any references to a User being “verified” (or similar language) only indicates that the User or Service Provider has completed the relevant registration. Any such description is not an endorsement, certification or guarantee by SellSmart regarding the User’s identity, background, expertise or suitability. You should always exercise due diligence and care when deciding whether to communicate and interact with other Users, whether online or in person.

Notwithstanding the above, for transparency and AML/CTF purposes, and as permitted by applicable laws, we may: ask Users and Service Providers to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users or Service Providers; and screen Users and Service Providers against third party databases and request reports. Your Account may be suspended if you do not comply with any reasonable requests by SellSmart.

At its absolute discretion, SellSmart may refuse to allow any person to register or create an account with SellSmart or cancel or suspend or modify any existing account including if SellSmart reasonably forms the view that a User’s conduct (including a breach of these Terms) is detrimental to the operation of the SellSmart Platform.

SellSmart has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Service Providers to perform jobs or supply items, or the honesty or accuracy of any information provided by User or the Users ability to pay for the Services requested.

As a Vendor, you understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references, licenses, certifications, or proof of insurance prior to engaging a Supplier to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions, and assessments about choosing a Service Provider. You agree to assume all risks and you agree to expressly release, indemnify, and hold harmless SellSmart from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.

3. Use of the Platform

You will at all times:

comply with these Terms (including all SellSmart Policies) and all applicable laws and regulations;
only post accurate information on the SellSmart Platform;
ensure that You are aware of any laws that apply to You as a User (and as an Agent or Supplier generally, as it may apply to You), or in relation to using the SellSmart Platform
maintain control of Your SellSmart account at all times (this includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person)
grant SellSmart an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the SellSmart Platform for the purpose of publishing material on the SellSmart Platform and as otherwise may be required to provide the SellSmart Service, for the general promotion of the SellSmart Service, and as permitted by these Terms.

You must not use the SellSmart Platform for any illegal or immoral purpose. You agree and warrant that any information, content, submission or quote request you publish on the Platform:

will not be used on third party sites or for other business purposes without SellSmart’s prior permission;
is not, in any way whatsoever, be potentially or actually harmful to SellSmart or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by SellSmart;
is up to date and will be kept up to date;
is not false, inaccurate or misleading or deceptive;
is not fraudulent and does not involve the sale of counterfeit or stolen items;
does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
does not violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
will not be not defamatory, libellous, threatening or harassing;
will not be obscene or contain any material that, in SellSmart sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
will not contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any the SellSmart Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

4. User Obligations

Except for liability in relation to any non-excludable condition under Australian Consumer Law, the SellSmart Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

SellSmart has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience. You understand and agree that SellSmart does not undertake any investigation in relation to any User or third party service provider before they are admitted to the platform, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Service Provider or third party service provider to perform any task which they may claim to be able to provide on the platform.

SellSmart accepts no liability for any aspect of the User and Service Provider interaction, including but not limited to the description, performance, or delivery of Services.

5. SellSmart Disclaimers

You agree to pay the Fees to SellSmart when due and payable. When a User releases the Work Order Payment to the Supplier, the merchant Fee will automatically be retained by SellSmart. The merchant Fee includes GST. All Fees and charges payable to SellSmart are non-cancellable and non-refundable, save for Your rights under Australian Consumer Law.

Users can access invoices and manage statements for any fees that have been paid by You within the SmartPay Wallet. Service Providers will be sent a receipt for the Fees paid to SellSmart. Users who choose to pay invoices via Credit Card will incur a 1.5% card processing fee per payment. Users can elect to pay via PayID which will incur no fees.

If SellSmart introduces a new service on the SellSmart Platform, the Fees applying to that service will be payable from the launch of the service. SellSmart reserves the right to amend the Fees from time to time by giving written notice to you, which may be provided on the website or via electronic mail.

Users who choose a Pay Later payment method acknowledge and understand that by choosing this option, SellSmart or its related entities do not provide any form of credit or funding. By selecting this option, it does not constitute an offer for credit. SellSmart and its related entities are merely facilitating the use of a third-party payment provider that offers a buy-now-pay-later service. Users are solely responsible for reviewing the suitability of any pay later product with the associated payment provider. SellSmart and its related entities shall not be responsible for any consequences arising from the use of the pay later service, including but not limited to any fees, charges, interest, or penalties. Please note that selecting the ‘pay later’ option does not guarantee approval. It is important to consult with your nominated real estate agent and third-party funder to confirm your eligibility.

6. Fees

You acknowledge that if you use Zai’s payment services via the SellSmart Platform, Zai will provide to you services for the collection of the transaction proceeds (net of platform fees payable to SellSmart) in respect of a Transaction or Transactions.

By using the SellSmart Platform, you agree to Zai collecting your personal information from SellSmart, or from the financial institution involved in the Transaction, in order to provide you with services. If the personal information is not provided, Zai may not be able to collect the transaction proceeds for you.

Zai may disclose your personal information to a service provider to verify your identity or to enable Zai to provide the services. The disclosure to service providers may include those located overseas or who may host or access your personal information overseas. The countries Zai may transfer, disclose or store your personal information to are: the United States of America, United Kingdom, New Zealand, Philippines and Singapore. Where information is transferred, disclosed or stored overseas, Zai will seek to ensure the recipient has security systems to prevent misuse, loss or unauthorised disclosure in line with Australian laws.

Zai may also use your personal information for other purposes such as marketing and promotion of our products and services, market research and development, customer communications and surveys, direct marketing, and creation of statistical information and data analysis. A copy of Zai’s Privacy Policy can be obtained at: https://www.hellozai.com/company/policies/privacy-policy.

7. Zai Privacy Policy

Property Data is provided by RP Data Ltd, and a range of other data providers. No reproduction, distribution, or transmission of the copyrighted materials in this publication is permitted whether in whole or in part. The copyrighted materials in this publication are provided for personal or internal business purposes only.

The information provided in the SellSmart Platform is current as at the publication date only. SellSmart is supplied on the basis that while SellSmart believes all the information in it supplied by Data Providers is deemed reliable at the publication date, it does not warrant its accuracy or completeness and to the full extent allowed by law excludes liability in contract, tort or otherwise, for any loss or damage sustained by yourself, or by any other person or body corporate arising from or in connection with the supply or use of the whole or any part of the information supplied by Data Providers in the SellSmart Platform through any cause whatsoever.

The SellSmart Platform provides general information supplied by Data Providers – it is not intended as advice and should not be relied upon as such. The information has not been prepared by considering your investment objectives, financial situation, or personal needs.

9. Property Data Disclaimer

You acknowledge and agree that the Webiste and the Platform, including but not limited to any ratings system we deploy, contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

You agree that any content (whether provided by SellSmart, a User or a third party) on the Platform may not be used by you on third party sites or for other business purposes without SellSmart’s permission.

Except as expressly authorised by us, you agree:

Not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, or the Platform, in whole or in part;
Not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Platform, the Service, use of the Service, or access to the Platform other than as required by these Terms.
Not to use the Platform for any purpose other than in connection with the use of the Service.

We grant you a non-transferable and non-exclusive right and licence to use our Platform, provided that you do not (and to not allow any third party to) copy, modify, create derivative works of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any rights in the Platform/Service. You agree not to modify the Platform in any manner or form, or to use modified versions of the Platform, including, but not limited to, the purpose of obtaining unauthorised access to the Platform.

You may use any rating allocated to you by the Platform outside the Platform only with our prior written consent. Our logo, trademarks and service marks and other product and service names (the Marks) are trademarks of ours. You must not display or use our Marks in any manner except you may display them on your website or in your promotional material where this is specified in the Specific Terms.

By mutual consent, we may publish your corporate name and logo on our website, in any of our promotional material, and on our correspondence to the Customer after the Invoice has been issued.

10. Intellectual Property Rights

The term of this agreement continues until terminated. You may terminate your SellSmart Account and these Terms at any time for any reason and without any fees. Contact us at hello@sellsmart.com.au to delete all your information in the SellSmart Platform.

SellSmart may terminate your SellSmart Account and the Terms at any time if we believe or suspect that you have breached these Terms. SellSmart may terminate your SellSmart Account and the Terms without reason by giving 28 days’ written notice. Termination of the Terms does not automatically terminate any agreement between Users, a User and Zai, a User and another third party, or any obligation a User may have in respect of a payment or other liability.

Termination of a User will occur immediately in the event of:

You being a corporation, go into liquidation or has a receiver or administrator appointed (whether voluntarily or not) or, being an individual, becomes bankrupt;
You make an assignment or composition with your creditors;
You breach any of your obligations
It is reasonably requested by law enforcement or other government agency(s); Unexpected technical or security issues and/or problems arise;
Suspected fraud, legal, regulatory or non-payment risks arise; or
SellSmart, the Platform, or any part thereof, are discontinued.

In addition, a Supplier will be terminated immediately in the event that:

You fail to complete a Work Contract;
You receive (3) of complaints from customers;
We receive (3) of complaints from customers about you;
You have your licence suspended or disqualified; or
You have your ABN cancelled, suspended or disqualified.
You become a Banned Tradesperson; or
If you do not remedy the following within 30 days of receipt of notification or the breaches are not capable of being remedied:
1. Breaches or violations of this agreement or other incorporated agreements or guidelines and
2. Suspected material modification to the Services (or any part thereof) by you.

11. Term and Termination:

SellSmart may change these Terms or any part of them, including imposing new fees and charges with electronic notice within 28 days without your consent. We may reasonable and proportionate changes to take account of:

Changes, or anticipated changes, in any law or other requirement, in guidance or industry practice;
A decision of a Court, Ombudsman or Regulator; or
Changes in our systems or products.

If we change the Terms under this clause, including by adding additional charges, and you do not agree with the changes or charges, you have the right to immediately end this agreement without cost or penalty to you. We will give you written notice of the changes 28 days before they are to take effect.

12. Modification of terms and conditions

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, employees or other partners, harmless from any claim or demand, arising in tort, contract, equity, or under any other theory of law, including but not limited to any claim by a third party for defamation, for faulty works, or for loss or damage caused to property, including reasonable legal fees, made by any third party as a result of any act or omission by you, whether that act or omission constitutes a breach of these Terms or not.

Notwithstanding the above, your liability will be reduced proportionately to represent the share of responsibility you have for the loss, damage, liability or expense according to the extent to which your breach of any provision of these Terms or your negligent or wrongful acts or omissions caused or contributed to the loss, damage, liability or expense.

Except as expressly provided to the contrary in these Terms and to the extent it cannot be limited or excluded under Australian Consumer Law, SellSmart shall not be under any liability to any User in respect of any loss or damage however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to these Terms or the failure or omission on the part of SellSmart to comply with its obligations under these Terms.

To the extent permitted by law, the parties exclude all special, indirect or consequential loss arising out of or in connection to the Website, Platform and Services, and any claims by any third parties, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable

13. Indemnity and Liability

You must attempt in good faith to resolve all disputes with Users directly (including claims for returns, refunds, repairs, or further work), including attending mediation and other dispute resolution as necessary. If any dispute involving or affecting SellSmart cannot be resolved by negotiation between the parties within 10 business days or such further period as the parties agree is appropriate, then within the following 10 business days the parties must seek to agree on the procedural rules and a timetable for resolving the dispute through mediation by a mediator agreed upon by the parties, or if the parties cannot agree, a mediator appointed by the Australian Disputes Centre or any body which replaces it.

A party may not commence court proceedings or arbitration (other than an urgent interlocutory application) relating to any dispute arising from these Terms unless that party has complied with the above.

14. Dispute Resolution

These Terms are governed by Australian Law and the law of the State of Victoria. This means that your access to and use of the SellSmart Platform, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by Victorian law or Commonwealth law, depending on the dispute or claim brought. Any proceedings brought against SellSmart will be subject to the jurisdiction of the Victorian courts.

If you do not reside within Australia, or your business is not predominantly conducted within Australia, you may not use the SellSmart Platform. If we are not able to resolve your dispute or claim, then your complaint can be addressed to the respective civil and administrative tribunal in the respective state (e.g., Victorian Civil and Administrative Tribunal (VCAT).

15. Jurisdiction

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms contain the entire agreement and understanding between SellSmart and you in connection with the matters contemplated by these Terms and supersede any and all prior oral or written understandings or agreements between SellSmart and you in relation to the access to and use of the SellSmart Platform.

No joint venture, partnership, employment, or agency relationship exists between you and SellSmart as a result of these Terms or your use of the SellSmart Platform. You have no authority to bind SellSmart, its related entities or affiliates in any way whatsoever. To the extent permitted by law, SellSmart specifically disclaims all liability for loss or damage incurred by you when performing, or due to the performance, or non-performance of the Work Contract.

The failure of SellSmart to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

You may not assign or transfer your rights under these Terms without SellSmart’s prior written consent. SellSmart may without restriction assign, transfer or delegate these Terms and any rights and obligations here under, at its sole discretion, with 30 days’ prior notice. Your right to terminate these Terms at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically via email. For notices, the date of receipt will be deemed the date on which SellSmart transmits the notice. If you have any questions about these Terms please contact us. If you want to know more about our privacy practices, go to the Privacy Policy on our website, or Contact Us.

If you have any questions about our Terms or Privacy Policy, please contact us at hello@sellsmart.com.au