This Website is owned and operated by Select Residential Property Pty Ltd (ACN 130 236 743) trading as “Sell or Hold”.
In these Terms, “you” means you, the Customer or site visitor and “we” and “us” means “Sell or Hold”.
“Sell or Hold” is an online site to provide customers high quality analysis and information to assist them in making property investment decisions, through an information service provided which harnesses state of the art technology, data capture and online user experience.
The report, calculators and tools on this website are provided for your information and to illustrate scenarios. The main objective of the “Sell or Hold” report is to provide insights to property owners that may assist you in determining whether to sell a property or continue to hold a property. The owner and agents for the owner are unable to accept any liability or responsibility whatsoever for any error or omission or any loss or damage of any kind sustained by any person or entity arising from the use of this information. It is recommended that users always seek independent professional advice relevant to their specific circumstances before acting on the information in those reports, calculator and tools.
Access to and use of the Website and the products and services available through the Website are subject to the following Terms which may be updated by us from time to time.
These are the terms on which Sell or Hold permits users to access and use the “Sell or Hold” website (Website) including using the services and functionality made available through the Website, viewing Content provided by us and third parties, communicating with “Sell or Hold” and placing Requests.(b)
You agree to be bound by these Terms by:(i)
using, browsing or accessing any part of the Website;(ii)
registering as a Customer on the Website; or(iii)
submitting a Request.(c)
If you do not agree to these Terms, you are not permitted to access and use this Website and you should immediately cease using this Website.(d)
“Sell or Hold” may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms. You will not be separately notified of the changes.(e)
The Website is subject to change at any time without notice and may contain errors.
Users may browse or access the Website to review available products and services. Should you wish to submit a Request you will be required to register your details.(b)
We may use your registration information to contact you.
“Sell or Hold” warrant that the provision of services are provided with the best possible skill and technical knowledge and that the information and recommendations we provide are for the purpose of providing insights to be used for making decisions on whether to sell or hold a residential property.(b)
“Sell or Hold” makes no representations or warranties as to the completeness or adequacy or accuracy of Information provided and expressly disclaims liability for any errors or omissions or delays in this information.(c)
Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of this website, or information we provide to you, is at your own risk(d)
“Sell or Hold” along with its directors, employees, associates or other representatives and its Affiliates along with its directors, employees, associates or other representatives shall not be liable for damages or injury arising out of or in connection with the use of the Website or its non-use including non-availability, compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property (including without limitation loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business; under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Website, site-related services, or any products or services and claims of third parties damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from or relating to any of the services offered or information provided by this Website.(e)
Our services are not intended to be any form of an investment advice or information and has not been registered under any securities law of any foreign jurisdiction and is only for the information of any person in any jurisdiction where it may be lawful to provide such information, otherwise the same shall not be considered an information. The distribution of this service or content in other jurisdictions may be restricted by law and the persons who access the Service should inform themselves about, and observe, any such restrictions.(f)
Use of the website and its contents is at any persons, including a Customer′s, own risk. The data and information provided on the website, and in our reports, is not advice, professional or otherwise, and should not be relied upon as such. Investors must make their own investment decisions based on their own specific investment objectives and financial position and using such independent professional advisors as they believe necessary.(g)
className="tnc-letter-num"“Sell or Hold” will not be liable to you or any third party for any damages of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising from or connected with the site, including but not limited to, your use of this site or your inability to use the site.(h)
It is expressly agreed by the User that exclusive jurisdiction for any dispute with “Sell or Hold” resides in the courts of Victoria in Australia, and the User expressly consents to the exercise of jurisdiction in the courts of Victoria, in connection with any such dispute. These terms shall be governed by and construed in accordance with the laws of Australia.(i)
The User may use the information as a resource only to further your own research on whether to sell or hold a residential property.(j)
Past performance may not be an indicator of future returns.(k)
These terms are subject to change without prior notice.(l)
The “Sell or Hold” report is for information purposes only. It has not been prepared with regard to the specific investment objectives, financial situations and/or particular needs of any specific person who may receive this report. Investors should seek advice from Financial Advisors/Certified Financial Planners/Financial Experts before making important investment decisions, or acting on any investment strategies that may have been discussed or recommended in this report. No reliance may be placed for any purpose whatsoever on the information contained in this report or on its completeness.(m)
“Sell or Hold” or any of its associate companies do not guarantee the accuracy or correctness of the information provided in the report made available or that any forecasts or projections made in this report will be realised. “Sell or Hold” does not accept any responsibility for any errors whether caused by negligence or otherwise or for any loss or damage incurred by anyone in reliance on anything that is included in the report. The recipient shall solely be responsible for losses, damages, costs and other consequences resulting directly or indirectly from using any information made available in the report.(n)
The information in this report reflects prevailing conditions as of date of publication and is subject to change from time to time. Any facts or figures mentioned in this report are merely indicative and recipients should obtain correct facts and figures before making any investment decisions.(o)
The information contained in this report may not be transmitted to, copied or distributed, in part or in whole, to any other person or to the media or reproduced in any form, without the prior written consent of “Sell or Hold”.
The listing of any particular product or service on our Website is for information and research purposes only. “Sell or Hold” does not warrant or make any representations in relation to any products or services and you will need to ensure any product or service you Request meets your specific requirements.(b)
We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product or service you obtain after using this Website or for any acts, omissions, errors or defaults of any Supplier or third party in connection with that product or service.(c)
“Sell or Hold” has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. “Sell or Hold” reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
We do not receive commissions or referral payments from any third party vendor. In the event a third party does pay a referral fee or commission to us, outside of what is stated above, these monies will be passed onto you in full.
The Website may contain links to other web sites. “Sell or Hold” provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those web sites, their operators, the goods, services or content that they describe.(b)
You are not permitted to frame or link the Website without “Sell or Hold”’s express written permission.
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), “Sell or Hold” does not warrant that you will have continuous access to the Website. “Sell or Hold” will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.(b)
“Sell or Hold” does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and “Sell or Hold” does not guarantee the security or confidentiality of these communications or the security of the Website.(c)
“Sell or Hold” does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.(d)
Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country. “Sell or Hold” does not warrant that:(i)
the goods or services available on this Website; or(ii)
the Website and its Content, comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.(e)
If you access and use this Website or its Content from outside Australia or transact on this Website you do so at your own risk.
We understand how important it is to protect your personal information. We recognise that any personal information we collect about you will only be used for the purposes we have collected it or as allowed by law. It is important to us that you are confident that any personal information you provide will be treated in a way that ensures you full and proper protection. Our commitment in respect of personal information is to abide by the Australian Privacy Principles for the protection of personal information, as set out in the Privacy Act and any other relevant laws. “Sell or Hold” may in its absolute discretion choose to provide the name and email address of customers to its affiliated companies. The provision of this information will be for marketing purposes only.
All intellectual property rights, including copyright and patents, in the Website, “Sell or Hold”'s services, and all components of them are owned or licensed by “Sell or Hold” or any of its related entities. You must not copy, modify or transmit any part of the Website.(b)
The Website contains trademarks, logos, service names and trade names of “Sell or Hold” or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Website.
Except as otherwise permitted in submitting Requests using the Website, in using the Website you must not:(i)
engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods;(ii)
impersonate or falsely claim to represent a person or organisation;(iii)
defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;(iv)
post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or(v)
post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.(b)
Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.(c)
“Sell or Hold” provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website (including placing Requests through the Website) you assume all risk in this regard and you release “Sell or Hold” from all applicable liability and responsibility.
“Sell or Hold” may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
To the full extent permitted by law, “Sell or Hold” excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services listed or accessible on the Website.(b)
Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law) “Sell or Hold” excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
You agree to fully indemnify “Sell or Hold”, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:(a)
Any breach of these Terms by you;(b)
Your access or use of the Website;(c)
Any Request which you choose to submit on the Website; or
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of the Terms and Conditions has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and “Sell or Hold”. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of “Sell or Hold”.