Terms of use

Please read these terms carefully. They are a legal agreement between you and us that govern your use of the services. By using the services, you are agreeing to these terms. If you do not agree to these terms, do not use any of the services. The website is provided on an ‘as is’ basis, with minimal warranties. You must act appropriately when using our website. These terms of use may change from time to time.

These terms apply to all advertising provided to any person (“Customer”) by Digioffer Pty Ltd (ACN: 628 340 723), doing business as www.digioffer.com.au. (“Digioffer.com.au”, “Company”, “Digioffer” “we”, “us” or “our”), is a platform for homebuyers to submit home offers digitally on the listed properties of this site. If you are using the Services on behalf of an organization, you agree to these terms for that organization and you represent and warrant that you have the authority to bind that organization to these Terms (in which case, “you”, “your” and “Agent” will refer to that organization).

Eligibility
You must be at least the minimum legal age required to form a binding contract in the jurisdiction in which you reside to use the Website. In many jurisdictions that age is 18 years of age. If you are under the minimum legal age you may only use the Website under the supervision of your parent or guardian who has agreed to be bound by this Agreement. You must not register or access the Website if you are under 13 years of age.

Information
You may or may not to be required to register with us in order to access certain parts of the Site. Where you are required to register:

you must provide us with accurate, complete and updated registration information;
you must safeguard any user name and password which is used by you; and
you authorise us to assume that any person using the Site with your user name and password is either you or is authorised to act for you.
your use of the Website will comply at all times with this Agreement and any directions published from time to time by Digioffer on the Website;

Content & your use of the Site

You acknowledge that Content on the Site is subject to copyright and possibly other Intellectual Property Rights.
Unless you are expressly authorised by law you must not yourself, or participate in or permit any other person, to:
sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or
use any Content on any other web site or in a networked computer environment for any purpose; or
reverse engineer any Content consisting of downloadable software; or
otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.
Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.

You must not, at any time:

publish, communicate or adapt any of the information or Content accessible on the Website,
to post any Content that is misleading or deceptive;
to post any Content that is defamatory, abusive, menacing, threatening, harassing or that incites hatred or discrimination against any group of persons by reference to colour, race, sex, origin, nationality or ethnic group or national origins or that denounces religious or political beliefs or that include religious or political material which is or is likely to be offensive or that is illegal under any Applicable Law at any place where transmissions are sent from, viewed or received;
post any Content that infringes any copyright, trade mark, patent or other Intellectual Property Right of any person;
to transmit any unsolicited mail, advertising material or any other material of an offensive, obscene, vulgar, pornographic or indecent nature or otherwise contrary to law or an applicable code of conduct;
make Contributions that include commercial or advertising material such as promotional links, messages, logos within reviews, discussions, profile photos and usernames;
alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
adapt, translate, reverse engineer, dissemble or decompile the Website or any part of the Website;
directly or indirectly, introduce or permit the introduction of, any virus, worm, Trojan or other malicious code or item of a destructive nature in or on the Website, or in any manner whatsoever corrupt, degrade or disrupt the Website;
remove any copyright, trademark, electronic rights management information or other proprietary rights notices contained in or on the Website;
collect any information about other users or members (including usernames and/or email addresses) for any purpose other than the purposes of the Website;
create user accounts by automated means or under false or fraudulent pretences;
to post any Content that contains any unsolicited or unauthorised advertising or promotional material;
to post any Content that impersonates any person or misrepresent your relationship with any person
create or transmit unwanted electronic communications such as ‘spam’ to other users of the Website or otherwise interfere with other user’s enjoyment of the Website;
to engage in any activities in such a manner as to expose us or any other supplier of content on the Site to liability.
violate any Applicable Law relating to your use of the Site;
You warrant to us that you have the authority to place all content on the Site that is placed by you on the Site.
to collect or store personal data about other users of the Site;
disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site.

Electronic communications
You consent to receive communications from us or our associates electronically. We may communicate with you by email & phone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.

Agent Terms
In relation to real-estate agent terms of use please visitour Agent Terms page.

Privacy Policy
For website privacy policy please visit our Privacy Policy page.

Confidentiality
The Parties acknowledge that any oral or written information exchanged among them with respect to this Agreement is confidential information. Each Party shall maintain the confidentiality of all such information, and without obtaining the written consent of other Parties, it shall not disclose any relevant information to any third parties, except in the following circumstances: (a) such information is or will be in the public domain (provided that this is not the result of a public disclosure by the receiving party); (b) information disclosed as required by applicable laws or rules or regulations of any state; or (c) information required to be disclosed by any Party to its legal counsel or financial advisor regarding the transaction contemplated hereunder, and such legal counsel or financial advisor are also bound by confidentiality duties similar to the duties in this section.

Links to other third party websites
Certain links on the Website will let you leave the Web site. These linked sites may be operated by the Company while some are not under the control of the Company, and Company is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by Company of any such linked site or the products therein. If you decide to access any third party sites, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.

15. Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

16. Limitation of liability
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS, PARTNERS OR REPRESENTATIVES WILL BE LIABLE TO YOU FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY CUSTOMER OF THE COMPANY.
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.

Indemnity
You agree to defend, indemnify and hold Company and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website, Related Services or the Materials.

Jurisdiction and applicable law
The use of the Website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of Australia without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Melbourne, Victoria, Australia for any action or proceeding arising out of or relating to these Terms and Conditions.

Entire agreement
These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between you and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.

Changes to Terms
We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. If any modification is unacceptable to the agent, its sole remedy shall be to terminate his/her Agent Agreement/Account. The Agent's continued use of services will constitute binding acceptance of such modifications.

Waiver and severability
If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision. If you have any questions about this agreement please contact us at support@digioffer.com.au

Electronic Disclosure and eSignature Consent

Please read the below information carefully.

Definitions

“You/ I/ We” means agent, user, client, customer.

“Signer” means a person designated by an agent or user to access and/or take action upon the Digital Documents sent to such individual via Digi offer signature.

“Signature” means the electronic signature service, which provides online display, certified delivery, acknowledgement, electronic signature, and storage services for Digital Document via the Internet.

You/I/We understand and agree to consent;

Receive electronic forms related to this property transaction, and
Signing the document using an electronic signature under the Electronic Communications Act and subject to these terms.

This consent applies to all communication permitted at law to be made by electronic communication and signed under the Electronic Communications Act. You agree also to immediately notify the agent of any change to your email address and/or facsimile number.

The document displayed on-screen (“the document”) is for you to decide to sign and you must read it first and understand its contents and we advise printing the document and reading it before proceeding. It is attached as a pdf. All Initial areas will be completed automatically also.

If you chose to sign to the document using an electronic signature instead of a handwritten paper-based signature then you sign on the screen. You may need guidance in that process and if so ask the Agent who will guide you as to how to sign your electronic signature on to the screen.

By clicking “Accept” button when you receive a eDocument, you agree that you have read and understood the contents of the document and that by placing an electronic signature on the document, it is your intention to agree to the terms of the document and to be legally bound by those terms.

You also agree that you have been given suitable time to review and consider the contents of the document and to seek legal advice and or other professional advice in relation to it. So ensure you consider this before proceeding. You also acknowledge you have been given the opportunity to review and sign a physical copy of the document.

If you do not wish to sign this document by electronic signature, you should must click “Decline”
If you not wish to sign electronically you can sign the pdf form, once you print it, and then send that signed document by fax or scan and email to the Agent.