Moovitnow.net
Terms & Conditions For & Including
Property Owner, Business Owner, Builders and Developers, Agents
Introduction and Summary
These are the Terms and Conditions on which moovitnow.net an independent property web portal made available to all Property Owners, Business Owners, Builders and Developers and Fully Licensed Agents wishing to list their stock and be a part of an affordable marketing platform. It includes;
Properties for sale or lease, generally including, RESIDENTIAL, COMMERCIAL, INDUSTRIAL & BUSINESS, OFF THE PLAN HOMES, APARTMENTS, TOWNHOUSES & LAND
Pay as you go E – Commerce, online payments making it easier to budget
Enhanced marketing products
Free email notification from inquiries direct to your agent inbox
Dashboard notice for impending expiry dates of your ads
Uploads to selected top websites, for your particular category
Links to your appropriate organisations and institutions
General terms and conditions
1. Your use of this Service
A. Your access to and use of the Service is governed by an Agreement, which is comprised of:
These Terms and Conditions;
YOUR REGISTRATION DETAILS AND LOGIN
GENERAL TERMS OF THE WEBSITE
MOOVITNOW.NET PRIVACY POLICY and any other document provided to you by MOOVITNOW.NET expressed to form part of the Agreement between you and MOOVITNOW.NET
B. Your use of the Service signifies your agreement to abide by the terms and conditions set out in each of the above listed documents and the following details.
2. Your duties and obligations
(a). In using the Service, you must:
i. Ensure that all information, illustrations, photographs and other material you upload or submit to the website in your use of the Service (Submitted Materials) are provided in the form required by MOOVITNOW.NET from time to time;
ii. Only submit material to MOOVITNOW.NET by a method pre-approved by MOOVITNOW.NET (such as via an authorised XML provider);
iii. Observe all relevant laws, and any guidelines or directions issued by your state regulations
iv. Ensure that Submitted Materials are not defamatory, offensive, misleading or capable of causing MOOVITNOW.NET exposure to any legal liability;
v. Comply with any relevant MOOVITNOW.NET advertising policy;
vi. Provide MOOVITNOW.NET with such assistance as is reasonably necessary to provide you with the Service;
vii. Notify MOOVITNOW.NET in writing if you change any information required by MOOVITNOW.NET to provide the Service;
viii. Maintain sensitive and confidential MOOVITNOW.NET account information, including but not limited to user ID and password information required by you to access the Service and immediately change any account information if the security of the account has been compromised in any way. You are responsible for all transactions entered under your account, including your user ID or password;
ix. Provide and update from time to time all your hardware and software necessary to use the Service;
x. Train yourself and your personnel in relation to the use of the Service and your obligations for using the Service;
xi. Pay any telecommunication charges incurred by you in the use of the Service; and
xii. Assess the accuracy, reliability and completeness of any information obtained using the Service.
(b). You must not:
i. Use the Service for any purpose other the uses intended by MOOVITNOW.NET
ii. Do anything which impairs the lawful use of the Service by any person;
iii. Provide to any person other than your employees or contractors any MOOVITNOW.NET account information, including user ID or password necessary to access and use the Service;
iv. Distribute, rent, lease, sell, charge, sub-licence, assign, transfer or otherwise have another entity deal with the Service;
v. Introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Service including but not limited to any device intended to copy any information published by MOOVITNOW.NET including any listing; or
vi. Create or otherwise produce either directly or indirectly or wholly or partly any database which is substantially comprised of any information published by MOOVITNOW.NET
(c). You warrant to MOOVITNOW.NET that:
i. You are an owner, or licensed by the relevant government or statutory authority (either as an agent or as a registered builder or developer) and (i) you will remain licensed at all times; and (ii) comply with the terms of any license. (Necessary license details are required (when detailed) in the appropriate fields of the registration log in advertiser page or other area of the site when required.
ii. You are authorised as or by the owner of each property listed by you to list the property for sale or lease on the MOOVITNOW.NET website
iii. All information provided by you to MOOVITNOW.NET, whether for the purposes of publication or not, is: accurate and complies with all relevant laws; does not infringe any third parties’ intellectual property rights; is not illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years; is not misleading or deceptive or likely to mislead or deceive; or not comprised of anything which may adversely reflect on any MOOVITNOW.NET Website or any website on which the information is published; and
iv. You will comply with all applicable laws in your use of the Service, including all laws in relation to handling and use of personal information.
(d). You acknowledge that;
It is your sole responsibility to ensure MOOVITNOW.NET has your correct contact details, including but not limited to street and / or postal address and email address for delivery of notices, notifications and email enquiries from the Website.
(e). You must promptly notify MOOVITNOW.NET if;
You undergo a change of control (meaning a change of ownership in the controlling interest as defined by the Corporations Act) and provide any further information required by MOOVITNOW.NET as a result of such a change of control. If you fail to notify MOOVITNOW.NET of a change of control, or fail to comply with MOOVITNOW.NET’ directions in relation to a change of control, you will remain liable for all future charges incurred on your MOOVITNOW.NET account and MOOVITNOW.NET reserves the right to terminate all agreements with you and remove all Submitted Materials from the Website.
3. Specific terms relating to listings
(a). In using the Service, you must:
i. Only list properties for sale or lease – the listing of other items (for example, cars or boats) is prohibited
ii. Only list properties which are presently available for sale or lease and which you are or have been authorised to market for sale or lease;
iii. Not include any promotional web addresses, unless specifically agreed by way of the appropriate marketing agreement with MOOVITNOW.NET
iv. Ensure that any photographs or illustrations submitted in respect of a property, accurately represent the property in question and are free from borders, watermarks (unless otherwise allowed as an exception by MOOVITNOW.NET), agent location or contact details;
v. Accurately indicate in detail the location of the property being listed – MOOVITNOW.NET reserves the right not to publish an advertisement which does not include accurate details of the property location;
vi. Immediately remove any properties which are no longer for sale or lease. Properties which have been sold, leased you must provide sold prices, leased prices and sale dates. Withdrawn properties from the market, detail date withdrawn from market.
vii. Only list properties for sale or lease once, on the Service; UNLESS you are a builder or developer selling multiple properties and developments and you have an agreement and are registered as such with MOOVITNOW.NET to market your products, and paid the appropriate marketing package.
viii. Provide to MOOVITNOW.NET in respect of each property at least the minimum required fields for publication (as set out in Schedule 1 to these Terms and Conditions).
(b). MOOVITNOW.NET may choose not to publish;
Or may remove once published, any listings which do not comply with the above requirements (or where you have not complied with any of the above requirements)
(c). MOOVITNOW.NET may, from time to time;
Set guidelines for how property listings will be returned in searches on the MOOVITNOW.NET Websites. The current guidelines are set out in Schedule 2 to these Terms and Conditions. MOOVITNOW.NET reserves the right to amend these guidelines at any time.
4. Specific terms relating to leads
(a). You acknowledge and agree that:
i. MOOVITNOW.NET provides no warranties in relation to the number of leads (meaning enquiries for further information submitted by users of the Website) you may receive; and
ii. While MOOVITNOW.NET will use its best endeavours to provide accurate leads, it has no control over the identity or bona fides of any enquirer.
(b). You must:
i. Provide a valid email address in respect of each listing to which leads should be sent by MOOVITNOW.NET
ii. Ensure that all leads are handled by a suitably trained person in a professional and expeditious manner; and
iii. Not sell, assign or otherwise provide whether electronically or otherwise any lead (or information derived from a lead) to any person.
(c). You acknowledge that:
i. MOOVITNOW.NET will use its best endeavours to deliver all leads to the nominated email address you have provided within the information fields of the listing
ii. MOOVITNOW.NET will not be liable for any delay or failure to deliver leads to you which is caused by any technical or technological fault or failure.
5. Licence to use Submitted Materials and monitoring of content
(a). By uploading;
Or otherwise submitting any materials to the Website or in your use of the Service, you automatically grant (or warrant that the owner of such material expressly grants) to MOOVITNOW.NET a world-wide, perpetual, royalty-free, irrevocable, transferable and sub-licensable licence to use, reproduce, adapt, modify, communicate, display, perform, store and distribute those Submitted Materials for the purposes of (i) performing its obligations pursuant to this Agreement; (ii) publishing the Submitted Materials and any information included in a listing on the Website (including any websites owned or operated by MOOVITNOW.NET, or on any website owned or operated by a third party with whom MOOVITNOW.NET has an agreement to provide, share or distribute listings, information or materials and any related services including search engines, or any other online or print based media; and (iii) creating statistics, databases and compilations for use by MOOVITNOW.NET and third parties.. Such license shall apply with respect to any form, media or technology now known or later developed.
(b). Without limiting the foregoing;
You agree that Submitted Materials may be used by MOOVITNOW.NET for purposes including (without limitation) marketing, research and development of goods and services.
(c). You warrant that:
i. MOOVITNOW.NET use of any Submitted Material contributed by you will not infringe the intellectual property rights (including the moral rights) of any third party or breach any obligations of confidence or any other law or regulation relating to the Submitted Materials; and
ii. in relation to moral rights, you have obtained all necessary consents which will allow MOOVITNOW.NET to perform all or any acts or omissions which, but for the consent, would be considered an infringement of the author’s moral rights under the Copyright Act 1968 (Cth)
(d). MOOVITNOW.NET reserves the right;
To amend, edit, block or immediately remove Submitted Material without notice to you that it considers is or may be, in its sole discretion:
i. Abusive, defamatory or obscene;
ii. Fraudulent, deceptive or misleading;
iii. In violation of copyright, trade mark or other intellectual property rights of another person;
iv. In violation of any law or regulation;
v. In breach of these Terms and Conditions or any of the other documents listed in clause 1a of these Terms and Conditions; or
vi. Offensive or otherwise unacceptable to MOOVITNOW.NET
(e). Notwithstanding the above;
MOOVITNOW.NET is under no obligation to monitor Submitted Material to ensure it complies with any law, guideline or requirements or for general suitability for publication.
6. Access and delivery
(a). Whilst MOOVITNOW.NET uses its best endeavours to provide the Service to you, MOOVITNOW.NET does not represent or warrant that:
i. You or users of the Website will have continuous access to the Website;
ii. The Service will be complete or free from all viruses, defects or errors and you acknowledge that the existence of any defects or errors does not constitute a breach of any agreement between you and MOOVITNOW.NET or
iii. Any information supplied or accessed using the Service is correct and complete or sufficient for your intended use.
(b). MOOVITNOW.NET will not be liable in the event that the Website is unavailable for any reason, including but not limited to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.
(c). MOOVITNOW.NET does not guarantee the delivery or security of communications delivered over the Internet (including emails).
7. Additional terms in relation to MOOVITNOW.NET rights
(a). MOOVITNOW.NET retains sole editorial control (including: placement) in relation to all listings published on the Website.
(b). MOOVITNOW.NET will not to the full extent permitted by law, be liable for error, misplacement, amendment, omission or failure to publish any listing.
(c). MOOVITNOW.NET reserves the right to change the functionality of the Website at any time without prior written notice.
(d). MOOVITNOW.NET may from time to time modify, enhance or upgrade any part of the Service. For the avoidance of doubt, MOOVITNOW.NET may cease to provide the Service (or part thereof) on 30 days notice or such shorter period as is reasonably required by MOOVITNOW.NET
(e). The Service does not include: back up services; customisation; training; attendance at your premises; or correction of errors or defects, including those caused by:
i. Faulty equipment or hardware provided by you;
ii. Any negligent act or omission by you; or
iii. Any event beyond MOOVITNOW.NET control.
8. Specific terms relating to the use of the Internet
(a). MOOVITNOW.NET is not responsible for the Internet or any telecommunication infrastructures required to access and use the Service.
(b). MOOVITNOW.NET does not and cannot provide any warranty that the Internet, any website or any telecommunications infrastructure (including but not limited to email and SMS) will be continuously accessible. For the avoidance of doubt, subject to clause 9, MOOVITNOW.NET will not be liable in the event that:
i. The Internet, any website or any telecommunications infrastructure (including email and/or SMS) is unavailable (in whole or part) for any reason whatsoever; or
ii. Any message (including any email and/or SMS) or file is transmitted by or to you using the Service and is not received in a timely manner or at all.
CONSUMER DATA PRIVACY POLICY
MOOVITNOW.NET is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secure. We do not pass on, sell or wrap any of your personal details with anyone. We use this information to identify your orders, provide you with our monthly newsletter (if applicable) and to personalise your shopping experience with us.
Moovitnow.net uses cookies to allow you to log in to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from Moovitnow.net only last while you’re browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalised shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly ,interesting and enjoyable experience.
9. MOOVITNOW.NET liability to you
(a). Other than as set out in this clause 9, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of any goods or services provided by MOOVITNOW.NET are HEREBY EXCLUDED,
(b). To the full extent permitted by law, MOOVITNOW.NET will only be liable to you:
i. pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of MOOVITNOW.NET is limited, at MOOVITNOW.NET option, to (i) replacing or repairing the relevant goods, (ii) supplying goods equivalent to the relevant goods, (iii) supplying the relevant services again or (iv) paying the cost of such replacement, repairs or supply; or
ii. Subject always to clause 9(d), if your claim arises from or in connection with any deliberate breach of this Agreement or fraud by MOOVITNOW.NET
(c). Subject to clause 9b, and except to the extent that liability cannot be excluded, MOOVITNOW.NET will not be liable to you for claims arising out of or in connection with this Agreement whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute.
(d). To the full extent permitted by law, MOOVITNOW.NET will not be liable to you for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
(e). For the purposes of this clause, the term MOOVITNOW.NET will mean MOOVITNOW.NET, its officers, employees, contractors and agents, whether individually or collectively.
(f). This clause will survive the termination of this Agreement.
10. You indemnify MOOVITNOW.NET
(a). You release and indemnify MOOVITNOW.NET, its employees and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of:
i. A breach of this Agreement by you; or
ii. Any deliberate, unlawful or negligent act or omission by you.
(b). This clause will survive the termination of this Agreement.
11. Suspension of the Service
MOOVITNOW.NET may suspend or restrict access to the Service on such terms as MOOVITNOW.NET determines, without notice if any event listed in clause 12a occurs or during the notice period referred to in 12aii.
12. Termination of this agreement
(a). MOOVITNOW.NET may terminate this Agreement by immediate written notice to you if you:
i. Breach any provision of this Agreement that is not capable of remedy;
ii. Breach any provision of this Agreement that is capable of remedy and you fail to remedy such breach within 14 days’ written notice;
iii. Fail to notify MOOVITNOW.NET that a change of control has occurred or you fail to undertake any actions required by MOOVITNOW.NET following a change of control;
iv. Assign or purport to assign this Agreement; or
v. Are or become insolvent.
(b). You may terminate this Agreement on 30 days’ written notice to MOOVITNOW.NET
(c). MOOVITNOW.NET may terminate this Agreement in its absolute discretion on 30 days’ written notice to you.
(d). On the termination of this Agreement:
i. You must return or destroy (at MOOVITNOW.NET’ option) all MOOVITNOW.NET intellectual property in your possession or control including but not limited to any application files; and
ii. Both MOOVITNOW.NET and you will continue to comply with all obligations expressed herein to continue to apply after the expiration or termination of this Agreement.
(e). Termination of this Agreement will not prejudice any accrued rights or liabilities of a party.
13. Intellectual property rights
(a). All intellectual property rights in the Service and all information generated, compiled, arranged, stored or otherwise developed by MOOVITNOW.NET, including any listing, are vested in MOOVITNOW.NET and there is no assignment of MOOVITNOW.NET intellectual property rights to you.
(b). MOOVITNOW.NET acknowledges that information you provide to MOOVITNOW.NET, including data, text, graphics, icons, digital images, URL information and other materials, remains your property. You grant MOOVITNOW.NET a non-exclusive, royalty-free, worldwide licence to use, copy, adapt, modify, watermark and distribute the Subscriber Information for the purposes of: (i) performing its obligations pursuant to this Agreement or any Product Agreement; (ii) publishing the information on MOOVITNOW.NET websites owned or operated by MOOVITNOW.NET, or any website owned or operated by a third party with whom MOOVITNOW.NET has an agreement to provide, share or distribute Subscriber Information. or any other website, or any other online or print based media; and (iii) creating statistics, databases and compilations for use by MOOVITNOW.NET and third parties PROVIDED THAT MOOVITNOW.NET will not disclose your information in any manner that identifies your information as yours.
(c). While MOOVITNOW.NET will use its best endeavour to store your information in its data base, it provides no warranty as to such storage and will not, subject to clause 9, be liable in the event that there is a corruption, deletion or failure to store any information which relates to you including any listing or any inability to access such information. Accordingly, MOOVITNOW.NET strongly recommends that you keep a permanent record of all information which relates to you.
14. Amendments to Terms and Conditions
(a). MOOVITNOW.NET may amend these Terms and Conditions at any time and will notify you of these changes in a reasonable time frame that is consistent within the internet market place subject to your listings still being advertised on the site.
(b). Notice may be delivered by email or publication of the amended Terms and Conditions on the Website. Your continued use of the Service signifies your agreement to be bound by the amended Terms and Conditions.
15. Fees
There are no permanent subscription fees for the basic listing package for your use of the Service except per individual listing fees as specified within the pricing schedule and package chosen by you. MOOVITNOW.NET reserves the rights to change listing fees from time to time.
16. Other legal matters
(a). Force Majeure: Neither party will be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay is due to force majeure. For the purposes of this clause “Force Majeure” means an event or circumstance beyond the reasonable control of a party (without fault or negligence of that party) including acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and natural disasters; acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution; strikes and industrial disputes; Internet outage, power, water, telecommunications or other utility shortage; or valid laws, rules, regulations, orders or decrees of the Federal or State Government or of any local government or of any statutory authority. If a delay or failure of a party to perform its obligations is caused or anticipated due to Force Majeure, the performance of that party’s obligations affected by the Force Majeure will be suspended. If the delay or failure by a party to perform its obligations due to Force Majeure exceeds 60 days, either party may immediately terminate the Agreement on providing a notice in writing to the other Party.
(b). Further Acts: Each party agrees to do all things that may be necessary or desirable to give full effect to every part of this Agreement if asked in writing by another party to do so.
(c). Assignment: You must not assign, transfer, subcontract or otherwise dispose of, in whole or in part your rights or obligations under this Agreement, without the prior written consent of MOOVITNOW.NET MOOVITNOW.NET may at any time assign the whole or any part of this Agreement without your consent.
(d). Subcontractors: MOOVITNOW.NET may subcontract the performance of this Agreement or any part thereof.
(e). Provisions Severable: If any provision of this Agreement is invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions will not be affected and such invalid, illegal or unenforceable provision is to be severed from this Agreement.
(f). Waiver: Failure by any party to exercise or delay in exercising any right, power or remedy under this Agreement does not prevent its exercise. A waiver must be in writing signed by the party giving the waiver.
(g). Notice: Where in this Agreement MOOVITNOW.NET is required to give notice in writing, MOOVITNOW.NET may give the same by:
(i) Posting the notice on the MOOVITNOW.NET Website;
(ii) Emailing the notice to the email address last provided to MOOVITNOW.NET by you; or
(iii) Posting the notice to the postal or street address last provided to MOOVITNOW.NET by you.
(h). Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of Western Australia and the parties irrevocably submit to the exclusive jurisdiction of the Courts in that State.
Schedule 1
Required fields for listings appearing on MOOVITNOW.NET Websites
The following information is the minimum information which you must submit to MOOVITNOW.NET in respect of each listing for publication on the MOOVITNOW.NET Websites:
1. Property address
2. Property type (eg house, apartment, land off plan etc)
3. Title details (if an when required)
4. Description
5. Number of bedrooms (except for vacant land)
6. Number of bathrooms (except for vacant land)
7. Number of car spaces and enclosed garages (except for vacant land)
8. Images (minimum of 1)
9. Display price (may be numeric value or text, eg POA. ONO, AUCTION, EOI, TENDER {when using text an estimated value shall still be included in the listing details field but will be hidden from public view})
10. Status (eg current, sold, leased, withdrawn) (details of sale or lease must be uploaded to MOOVITNOW.NET)
11. Area of land, and or living quarters, office areas, and or outdoor space including balconies. (If and when required)
12. Lettable areas in Business sales, include indoor and outdoor (if and when required)
Where you do not provide or authorise MOOVITNOW.NET to publish all of the above information in a listing, MOOVITNOW.NET may not publish the listing on the MOOVITNOW.NET Websites.
Schedule 2
Guidelines for search results on MOOVITNOW.NET Websites
1. Where a listing for a property does not include a numeric value in the price search field, the property will not be returned in searches conducted on the basis of a single price, but in a priced area according to hidden estimated values.
2. Where values are provided for a price search range for a property and the range varies more than 10% from the search price provided for the display price of the property, the property may not be returned in searches conducted on the basis of price.
3. Enhanced Display, Feature and Video advertising upgrades are priced as per pricing information provided on the MOOVITNOW.NET website OR by MOOVITNOW.NET staff.
Note;
All standard listings will either have a termination date OR have a recurring payment time and will automatically renew for the scheduled 30 day price. If you do not wish to continue with the recurring payment period you can cancel from your dashboard provided you have either leased, sold, made withdrawn and made inactive. It is advised that you do this 2 days prior before the next recurring date. The standard price and packaged time period cannot be cancelled once uploaded.
All enhanced and featured marketed listings will be uploaded with their respective standard spot.
All enhanced and featured listing shall be placed in order of date uploaded.
All enhanced and features can only be purchased when standard listings have been uploaded, they cannot be purchased without standard listing.
Minweb Pty Ltd Trading as Moovitnow.net 44 Kings Park Road West Perth WA 6005
ACN 165 483 009 ABN 53 165 483 009 1300 646 932 +61 423888985