Terms & Conditions

Website Terms & Conditions of use, agreement and notices

Welcome to the Lifestyle Listings website or mobile properties.

This website is owned, operated and maintained by: Lifestyle Listings Ltd (ACN 600 353 115) The Real Estate Agents we compare are not representative of all Agents in the property or real estate market. On this website you can obtain and compare quotes from participating real estate agents and other third party service providers

Lifestyle Listings may provide feedback or commentary on individual Third Party Service Providers, Real Estate Agents and Real Estate Agencies listed on the Site (Website) to assist you to select a real estate agent and or another Third Party Service provider (the Service). This website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Agreement”).

By using the Website in any manner you acknowledge and agree to be bound by this agreement and these conditions of use (Conditions of Use, Agreement and Notices) and represent that you have read and understood its terms. If you do not accept all of the Terms and Conditions stated here, do not use this Website and service. Please read this page carefully as it contains information concerning your legal rights and limitations on these rights. If you do not accept all of these terms and conditions you are not authorised to use this Website.

Lifestyle Listings believes in protecting your privacy. Any personal information you post on the Website will be used in accordance with our Privacy Policy. Click HERE to view our Privacy Policy including related applications (collectively, this “Website”). The terms “we”, “us”, “our” and ”Company”, refer to Lifestyle Listings and LifestyleListings.com.au, and our corporate affiliates and websites (collectively, “Lifestyle Listings”).

The term “you” refers to the customer visiting the Website and/or contributing content on this Website.

The term “Agent” refers to the real estate agent, registered (current) by the Office of Fair Trading.

The term “Third Party Provider” “Provider” or “Service Providers” refers a Real Estate Agent or any other person on the website which offers a service other than an agent. The term “Rating”, “Ranking”, “Star Rating” refers to but not limited to the design and Algorithm developed by Lifestyle Listings. The words “including” and “include” mean “including, but not limited to.” The Term “Account”, ”Membership” refers to your active or inactive personal user information (“Account”)(“Membership”) you entered at the registration process to use this service.

The Real Estate Agents and Third Party Service providers on this web site are not employees or agents of Lifestyle Listings. Lifestyle Listings assumes no responsibility for any act or omission made by the Real Estate Agent or the Sellers. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

SCOPE OF OUR SERVICE

This Website is provided to assist customers in receiving discounts, gathering information and searching for Real Estate Agents and other Third Party Service providers. Through the website, we (Lifestyle Listings and its affiliate (distribution) partners) provide an online platform through which all types of information and Services Providers can advertise their Profile, fees, charges and discounts, and through which visitors to the website can make such choices. From the point at which you make you register with Lifestyle Listings, we act primarily as an intermediary between you and the Agent or Third Party Provider, transmitting the details of your information to the relevant Provider and sending you a confirmation email.

When rendering our services, the information that we disclose is based on the information provided to us by Third Party Service Providers. As such, the Service Providers are given access to an extranet through which they are fully responsible for updating all their Profiles, and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Third Party Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates, discounts and experience) displayed on our website. Our website is provided to assist customers in gathering information and does not constitute and should not be regarded as a endorsement of the quality, service level, or qualification of Services made available.

YOUR USE OF THE SERVICES

1) Registration

You may access areas of the Lifestyle Listings Web Site that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering with Lifestyle Listings, you agree that:

(i) your account and password are personal to you and may not be used by anyone else to access the Lifestyle Listings site;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Lifestyle Listings Site; and

(iii) you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user. You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

2) User Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”)(“Membership”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Lifestyle Listings.com.au certain personal information, such as your name, address, mobile phone number and property details. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Lifestyle Listings in writing, you may only possess one Account.

3) User Requirements and Conduct

The Service is not available for use by persons under the age of 18. You may not authorise third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, whether to the Third Party Provider or any other party. In certain instances Lifestyle Listings may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity. Violations of system or network security could result in civil or criminal liability.

4) Further Correspondence, Internet and electronic Communications

By completing registration you agree to receive:

(i) emails giving you information and providing you with certain information and offers (including third party offers relevant to services associated with selling a property or moving to another property; and
(ii) emails which we may send to you promptly after using this service inviting you to complete our Third party service provider review form.

(iii) Whilst Lifestyle Listings may request that you indicate your preferences for receipt of email or other electronic communications, Lifestyle Listings reserves the right to communicate to you any business critical information or other information that Lifestyle Listings is required to communicate to you as required by law. Please see our privacy and cookies policy for more information about how we may contact you.

RANKING, RATINGS, TESTIMONIALS AND REVIEWS

The default setting of the rating system for agents and other service providers on our website is “Recommended” (or any similar wording) (the “Default Rating”). For your convenience, we also offer other ways to rank the Agents and other Third Party Service providers. Please note that Part of the Rating system is created through a fully automated ranking system (algorithm) and is based on multiple criteria.

The completed Agent or other Third Party Provider review may be:

(a) uploaded onto but not limited to the relevant Customer Review pages, Agent Profiles pages, other Third Party Service providers pages, Properties pages associated with the Agents or other Third Party Service providers on our website for the sole purpose of informing (future) customers of the service (level) and quality of the professionalism, and

(b) (wholly or partly) used and placed by Lifestyle Listings at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Lifestyle Listings. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The Agent Review Form or Third Party Review Form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

Lifestyle Listings and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made by Real Estate Agents, Third Party Service providers or Users on this Site concerning opinions, testimonials, ratings, advertisers or advise.

PROHIBITED ACTIVITIES

Termination of registration or membership

If you no longer wish to have a registered account, you may terminate your account by sending us an email. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Lifestyle Listings website. Continued use of the Lifestyle Listings Site indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of the Lifestyle Listings Site immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose;

(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(v) deep-link to any portion of this Website for any purpose without our express written permission;

(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorisation; or

(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by TripAdvisor in connection with the Website or the services;

(viii) violate any applicable State, Commonwealth or International Law, convention or regulation; or

(ix) Breach the National Privacy Principles as set out by the Privacy Act 1988

CUSTOMER PAYMENT ( Agents Please Refer To Agent Payment Section)

This subsection (customer payment section) does not apply to Agents and Third Party Service Providers. This subsection is exclusive to Customers using this site.  Agents payments and Third Party Service Providers payments  are outlined separately.   For details these service providers should refer to the subsection AGENT PAYMENT.

The Lifestyle Listings Site access and a range of other services on the site are free. However the use of some services may result in payments by you for the services that you choose to receive (“Charges”). Charges will be inclusive of applicable taxes where required by law. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Lifestyle Listings will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.

All Charges are due immediately.

Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand of the Services. Lifestyle Listings will use reasonable efforts to inform you of Charges that may apply. Lifestyle Listings may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services from a Third Party Provider at any time prior to such Third Party Provider’s arrival.

AGENT PAYMENT 

This subsection (Agent Payment section) does not apply to customers of this site. This subsection is exclusive to Real Estate Agents and our Third Party Service Providers.  Customer payments  are outlined separately, further details are provided under subsection CUSTOMER PAYMENT.

THIRD PARTY ADVERTISING ON THE SITE

You will see advertising material submitted by third parties on the Lifestyle Listings site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein

DATA PROTECTION

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy on this site. We do not warrant that the Lifestyle Listings Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

COPYRIGHT INFRINGEMENT

(i) The Lifestyle Listings policy in regards to in appropriate circumstances can at its discretion, disable and/or terminate the membership and accounts of agents, customers, users and other service providers who infringe or repeatedly infringe the copyrights or other intellectual property rights of others.

(ii) If any Content on the Website breaches your intellectual property rights please notify the Lifestyle Listings by email. Notification and any action that the Company takes in response is not an admission that the Lifestyle Listings accepts any liability in relation to a breach or that there has been a breach of intellectual property rights. Lifestyle Listings does not guarantee to take any action if notified under these terms and conditions.

Upon receipt of any Notice of Copyright, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

DISPUTE RESOLUTION

Governing Law

These Terms and Conditions are governed by the law in force in the State of Queensland, Australia and you agree that exclusive jurisdiction for any claim or dispute with Lifestyle Listings or relating in any way to your use of the Site resides in the courts of the Queensland, Australia. You further agree and expressly consent to the exercise of personal jurisdiction in the courts in the state of Queensland, in connection with any such dispute and including any claim involving the Company or its affiliates, subsidiaries, employees, contractors, officers, directors, and providers and content or service providers. You agree that any cause of action or claim that you may have with respect to your use of the Lifestyle Listings Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.

Arbitration

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Lifestyle Listings, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Lifestyle Listings are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Lifestyle Listings otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Notwithstanding the provisions of the modification-related provisions above, if Lifestyle Listings changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Lifestyle Listings management written notice of such rejection by mail or hand delivery to 492 Boundary Road Archerfield QLD 4108 or by email from the email address associated with your Account to:accounts@www.lifestylelistings.com.au within 30 days of the date such change became effective. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Lifestyle Listings in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

DISCLAIMER OF LIABILITY

You acknowledge that Lifestyle Listings has made no warranties that the Services or Products will be error free. Lifestyle Listings and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made by real estate agents, Third Party Service providers or Users on this Site concerning opinions, testimonials, ratings, advertisers or advise. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Lifestyle Listings content or any part of it. You can access other sites via links from the Lifestyle Listings. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Lifestyle Listings content. In particular, we do not warrant that the Lifestyle Listings Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Lifestyle Listings Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

INDEMNITY

You agree to indemnify and hold Lifestyle Listings and its officers, directors, employees and managers, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) The Lifestyle Listings sites use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

MODIFICATIONS

Lifestyle Listings may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion where it deems it necessary for legal, general regulatory and technical purposes, or due to changes in the services provided or nature or layout of the Website. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement.

Lifestyle Listings may change, suspend or discontinue any aspect of the Lifestyle Listings service at any time, including availability of any feature, database or content. Lifestyle Listings may also impose limits on certain features and services or restrict your access to all or parts of the Website without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider in our sole discretion that you are in breach of any provision of these Terms and Conditions or of any law or regulation and where it decides to discontinue providing a service.Your continued use of the Lifestyle Listings Site now or following the posting of any such notice of any changes, will be indicate acceptance by you of such modification.

ADDITIONAL DISCLAIMERS

Visitors to the Site agree that their use of the Lifestyle Listings Site is at their own sole risk. The Lifestyle Listings site is provided without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Lifestyle Listings; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Lifestyle Listings also makes no representations and warranties as to any linked sites and Lifestyle Listings has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Lifestyle Listings Site may represent the opinions and judgments of real estate agents and other Third Party Service providers or Users, such as user content. Lifestyle Listings and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made by Real Estate Agents, Third Party Service Providers or Users on this Site by anyone other than authorised Lifestyle Listings employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Lifestyle Listings Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Lifestyle Listings site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Lifestyle Listings does not warrant or guarantee that access to the Lifestyle Listings Site will be uninterrupted or error-free.

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