Terms & Conditions
DISCLAIMER TO HOMEOWNERS AND BUYERS BY USING THIS SERVICE, YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT REPRESENTING YOU AS A REAL ESTATE AGENT OR BROKER OR PROPERTY MANAGER. ALSO BY USING THIS SERVICE, YOU MAY COME INTO CONTACT WITH OR USE THE SERVICES OF VARIOUS REAL ESTATE AGENTS OR BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES. THE COMPANY IS AN INDEPENDENT WEB-BASED PROVIDER OF REAL ESTATE RELATED DIRECTORY SERVICES AND CONTENT AND DOES NOT CONTROL OR SUPERVISE ANY SUCH AFFILIATES, AGENTS, BROKERS, VENDORS, ADVERTISERS OR OTHER THIRD PARTIES, AND THE COMPANY IS NOT RESPONSIBLE FOR THEIR ACTIONS.
This legal agreement (herein “agreement”) between you (herein “you” or “seller”) and Minty Real Estate (herein “Minty”, “us”, “we”, or “our”) should be read carefully before using our Website and/or mobile application (herein “Service”).
Minty Real Estate Pty Ltd is a corporation registered in Victoria, Australia, with its primary business office located at 222 Exhibition St, Melbourne VIC 3000.
Your access to and use of the Service is conditioned on your acceptance of and compliance with this Agreement. This agreement applies to all visitors, users and others who access or use the service. If you don't agree with the terms and conditions of this Website, then we ask you please to leave this Website. However, if you do use this Website, then that operate as an acceptance and agreement that you agree to be bound by the terms and conditions of this Website.
You agree not to enter or use the service for any purpose that is not expressly permitted by these terms and conditions, or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and licenses regarding your use of the service including, without limitation, those applicable to the Internet, e-mail, privacy, copyrights, trademarks and data.
If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorised to provide such information to us so that we may use, process and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.
Minty is operated in compliance with all federal and state housing laws.
Terms for Sellers and Buyers of Real Estate
By submitting your details to Minty, you give us permission to share your information with our network of professional real estate agents or agencies for the purpose of facilitating a suitable match. You also consent to being contacted by Minty or our real estate partners through various communication means including email, phone, mail, and automated messaging systems (such as autodialed calls, text messages, and prerecorded messages) on any provided contact numbers, irrespective of their inclusion on any Do Not Call lists. Please note, opting into such communications is not mandatory to access Minty’s services. You can request services without agreeing to these communications.
Accuracy and completeness of the information you provide are essential for Minty to effectively serve you, and we reserve the right to discontinue services for anyone found providing false, inaccurate, or misleading information.
Any Cash Back, rebate, or incentive offered through Minty is conditional upon the collection of a Service Fee from the transaction facilitated by our platform. In instances where Minty is unable to collect this Service Fee, no Cash Back, rebate, or incentive will be awarded. If the Service Fee collected is less than the promised Cash Back, rebate, or incentive, Minty retains the right to adjust the incentive amount accordingly.
MINTY IS MERELY A REFERRAL SERVICE. All terms and conditions between a home seller or buyer and a real estate professional is governed by a separate legal agreement that does not involve Minty and is solely between the home owners or buyers and the real estate professional.
Minty does not endorse, validate, or recommend any legal agreements between home owners and buyers and real estate professionals. Please consult your own attorney for this type of work.
Referrals provided by Minty via this website are not recommendations by Minty for any particular service provider referred and should not be considered as such. You are responsible for vetting referrals and choosing the service provider(s) which best suits your individual needs.
Even though your participation in this referral service may be terminated by you or Minty at any time with written notice and it totally voluntary, any referrals that Minty may have with a real estate professional prior to termination are still effective.
You agree and acknowledge that Minty may modify the terms and conditions of this Website and associated referral service at any time. Minty will notify you in advance of any significant changes of our services to provide you with the option to discontinuing the Website and referral services. Your continued use of the Website and their referral services after the period listed in the notice indicates agreement and acceptance of the new terms and conditions.
For quality assurance, you agree that Minty may make a digital recording of any telephone calls with Minty or one of Minty's real estate professionals for the sole purpose of providing quality assurance.
This Website may contain third party advertisements and links to third party sites. Minty does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability or the conduct or content of those advertisements and sites and the offerings made by the third parties. Third party advertisements or links to other sites where goods or services are advertised are not endorsements or recommendations by Minty of the third party sites, goods, or services. Minty takes no responsibility for the content of the ads, promises made, or the quality/reliability of the products or services offered in all advertisements.
Minty intends that the information contained on our Web site be accurate and reliable; however, errors sometimes occur. In addition, we may make changes and improvements to the information provided at any time. Accordingly, we do not guarantee the accuracy of any information available on this Web site, and are not responsible for any errors, omissions, or misrepresentations and any information should be independently verified.
Marketing statements or assertions made by Minty on this Website related to the amount of savings a homeowner might obtain through use of our services are premised upon mathematical assumptions and hypotheticals that may not be applicable to every situation. Any such statements or assertions made on this Website regarding the “savings” or “average savings” of a homeowner are based upon Minty's own internal analysis of home sales and commission data, may not be universally accurate, and are only intended to illustrate the financial distinction between use of the “discount” real estate agent model versus use of the traditional real estate agent model (as explained on our Website). Homeowners and Buyers should inquire with their real estate brokers or agents about the potential savings they could receive by using our services.
Privacy Policy
Minty will collect, store and use personal information in accordance with its Privacy Policy. For more information about the information collected, when and how it is collected, and how and why the information is used, refer to Minty's Privacy Policy, which is incorporated into and made a part of these Terms and Conditions.
In addition, your use of any linked website is subject to the terms and conditions of use and privacy policy imposed by the operator of the linked website.
Governing Law and Jurisdiction
This agreement and all matters arising from or related to the use of the Minty website and services shall be governed by and construed in accordance with the laws of Victoria, Australia, without giving effect to any principles of conflicts of law.
Arbitration Process
Any disputes arising from or in connection with the use of the Minty website or services that cannot be resolved amicably shall be submitted to binding arbitration in Victoria, Australia. By agreeing to arbitration, you waive the right to bring disputes to court, including the right to a jury trial.
- Initiation of Arbitration: A party wishing to commence arbitration must send a written notice to the other party, outlining the nature of the dispute and the desired outcome. If the dispute cannot be resolved within 15 days of notice, arbitration will begin under the Australian Centre for International Commercial Arbitration (ACICA) rules, which shall replace the mentioned American Arbitration Association rules to better suit the local jurisdiction.
- Arbitration Proceedings: The arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of ACICA. The process will allow for the fair and equitable discovery of evidence and will ensure that both parties have the opportunity to present their case.
- Arbitration Award: The arbitrator will issue a written award based on the evidence presented, which will be final and binding. The award may include any form of relief, including injunctive relief and monetary damages. The costs of arbitration, including legal fees, will be allocated as deemed fair by the arbitrator.
Class Action Waiver and Individual Proceedings
You agree to resolve any disputes with Minty on an individual basis. There will be no right or authority for any disputes to be arbitrated or litigated on a class action or consolidated basis or on bases involving disputes brought in a purported representative capacity on behalf of the general public, other Minty users, or other persons similarly situated.
Enforcement of Arbitration Awards
The award rendered by the arbitrator may be entered and enforced in any court of competent jurisdiction within Australia.
Jurisdiction for Non-Arbitrable Disputes
If for any reason a claim proceeds in court rather than in arbitration, or if the arbitration agreement is found unenforceable, you agree to submit to the exclusive jurisdiction of the courts located within Victoria, Australia. You hereby waive any objection to the venue in such courts, unless such venue is deemed unreasonable or unfair under the circumstances.
Modification of Arbitration Agreement
Minty reserves the right to make changes to this arbitration agreement, with any changes becoming effective immediately upon posting on the Minty website. Your continued use of Minty's services after any changes signifies your agreement to those changes.
Class Action Waiver / Venue
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
By using Minty's services, you agree to address any disputes or claims against Minty on an individual basis. This means any legal actions arising from or related to your use of the Minty website or adherence to its terms and conditions must be conducted individually, not as part of any class, consolidated, or representative proceedings. You also agree not to engage in any class, consolidated, or representative proceedings against Minty initiated by third parties.
Should a court or authorized arbitrator deem the above waiver invalid or unenforceable, or decide that arbitration can proceed on a class basis, then such disputes or claims shall be exempt from arbitration and addressed in court.
For disputes not eligible for arbitration, you agree to the exclusive jurisdiction and venue of the courts located in Victoria, Australia. This agreement includes disputes that might arise from your use of the Minty website or its terms and conditions, ensuring any legal proceedings take place within this jurisdiction. You hereby waive any right to object to this venue or claim that proceedings in such a court are inconvenient, to the maximum extent that the law permits.
This section has been adapted specifically for the legal system and courts of Victoria, Australia, ensuring relevance and enforceability under local laws.
Modifications to the Website and Terms and Conditions
We are entitled to terminate or modify all or part of any of the Website at any time, without notice to you. We encourage you to check the Website regularly to ensure you are aware of the current terms.
We may modify these terms and conditions at any time by updating this posting. If we do so, we'll also update the effective date at the top of this page.
Prohibited Activity:
You agree not to engage in the following prohibited activities: (a) engaging in activities or submitting materials that could be harmful to minors; (b) submitting materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (c) engaging in activity or submitting materials that harasses or advocates harassment of another person; (d) engaging in activity, or submitting materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; and (e) engaging in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” or harvesting or otherwise collecting personally identifiable information about Website users, including names, phone numbers, addresses, email addresses, without their consent; (f) submitting materials that contain viruses, Trojan horses, worms, or any other similar forms of malware; (g) submitting materials that displays pornographic or sexually explicit material of any kind; (h) submitting materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; submitting materials that contain restricted or password only access pages, or hidden pages or images; (i) engaging in activities or submitting materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in unauthorised commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (k) using any robot, spider, cancelbot, other automatic device, or manual process to monitor, copy, or “scrape” web pages or the content contained in the Website or for any other unauthorized purpose without our prior written consent; (l) decompiling, reverse engineering, or disassembling the software or attempting to do so; or using any device, software, or routine to interfere or attempt to interfere with the proper working of the Website; (m) taking any action that imposes an unreasonable or disproportionately large load on the Website or our hardware and software infrastructure or that of any of our licensors or suppliers, (n) use any of its trademarks as metatags on other websites; (o) use the service in any manner that is illegal or impairs the operation of the service or its availability or usage by others; (p) display any part of the service in frames (or any content via in-line links); and/or (q) decompiling, reverse engineering, or disassembling the software or attempting to do so.
Indemnification. You hereby agree to indemnify and hold harmless Minty and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney's fees, incurred by any Indemnified Party in connection with any claim arising out of (a) any claim that any claim that you misappropriated, infringed or otherwise violated any privacy or trademark, copyright, or other intellectual property right of any third party and/or (b) any breach, or alleged breach, of any of the terms and conditions of this Website by you.
Disclaimer of Warranties. You expressly acknowledge and agree that your use of the Website and associated referral service is at your sole risk. This is provided on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis. Minty makes no representations or warranties relating to the Website and associated referral service including, without limitation, representations or warranties that (a) the Website and associated referral service shall meet your requirements, (b) the operation of the Website and associated referral service will be uninterrupted or error free, (c) the Website and associated referral service will be secure; or (d) any defects in the Website and associated referral service will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT ACTUALLY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTUALLY FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. IN NO EVENT SHALL MINTY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE TERMS AND CONDITIONS OF THIS WEBSITE AND ASSOCIATED REFERRAL SERVICE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF ACTUALLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE A REASONABLY FORESEEABLE CONSEQUENCE OF A BREACH OF THIS AGREEMENT OR A TORT THAT FALLS WITHIN THE SCOPE OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Minty's total liability to you for any damages arising out of or in any way connected with the Terms of Service or the Service, whether for breach of contract, in tort or otherwise, exceed ten dollars ($10).
Accounts
You have no obligation to work with Minty Real Estate to buy or sell a home and you can terminate your account at any time.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the agreement, which may result in immediate termination of your account on our service.
You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password, whether your password is with our service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Any information you obtain from the Minty Real Estate Website is intended for your personal, non¬commercial use. You will not copy, redistribute, or retransmit any of the information provided except in connection with your personal home search.
Termination
We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement.
All provisions of the agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the agreement.
Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you may simply discontinue using the service.
You agree to indemnify and hold harmless The Minty Real Estate Parties (defined above) from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney's fees, resulting, whether directly or indirectly, from your violation of the agreement. You also agree to indemnify and hold harmless the Minty Real Estate Parties from and against any and all claims brought by third parties arising out of your use of any service and the content you make available via the Service by any means, including without limitation through a posting, a link, reference to content, or otherwise.
Minty Real Estate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Minty Real Estate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Communications
By submitting a form to Minty you consent to have Minty or one of its partners to contact you via autodialed phone calls and text messages, and prerecorded messages, on the landline or cell number provided even if your on any Do Not Call list and even if you are charged for the call or text. Your consent consent is not a condition of receiving Minty's services.
Miscellaneous
If any provision of this agreement is unlawful, void or unenforceable, then the unlawful, void or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining sections of the terms and conditions shall remain in full force and effect.
Contact Us
Any feedback, comments, requests for technical support, and other communications should be directed to customer service number. Hours of operation are from 9:00 am to 5:00 pm, AEST, Monday through Friday, excluding holidays.
Our Company Contact
MINTY CONTACT INFORMATION
Phone: 1300 123 123
Email: support@listwithminty.com.au
