- Content displayed on the Platform in relation to properties and projects may have been prepared prior to construction of the project.
- As a result, any 3D virtual tour and any images and any diagrams are artists’ impressions and view lines, amenities and streetscapes are intended to be a visual aid and guide only. These computer generated images are not to be relied upon as an accurate representation of the final property.
- airHomes Sale, its Marketing Partners, Marketing Managers, Licensees and Developers gives no warranty and makes no representation as to the accuracy or sufficiency of the information included on the Platform.
- Users must make and rely upon their own enquiries (including receiving legal, taxation and financial advice) before taking any action in reliance of the information and content contained on the Platform in respect of any Property.
- airHomes Sale, its Marketing Partners, Marketing Managers, Licensees and Developers will not be liable in any way for any loss or damage suffered as a result of using the Platform.
- Any financial information provided on the Platform is general information only from third party websites and is not a professional advice and does not consider a user’s personal financial and other obligations and circumstances. Users must not rely upon any financial information on the Platform. Users should seek their own independent advice and rely upon their own enquiries.
- There are restrictions on the acquisition of Australian real property by “foreign persons”. If users are in any doubt as to their status, they should obtain own professional advice.
- The Platform contains content provided to airHomes Sale by other parties. airHomes Sale does not monitor, review, verify or make enquiries about that content.
- airHomes Sale role is limited to providing the Platform for the content provided by other parties.
- airHomes Sale is not an agent and does not own or offer for sale the real estate listed on the Platform.
- airHomes Sale is not responsible or liable:
- in the event that a party fails to complete the contract for sale of any Property listed on the Platform;
- for the completion of the sale of any Property listed on the Platform;
- for the state or condition of any Property listed on the Platform; and
- for verifying the title, encumbrances or any characteristics of any Property listed on the Platform.
- Marketing Partners can refer clients to the Platform for the purpose of viewing property listings.
- Buyers who have registered with the Platform can make direct enquiry to Property sales representatives and reserve properties for the purpose of proceeding with a sales process (which should include the Buyer instructing their own solicitors, conveyancers and other professional advisers) to assist with the process.
- Any person who reserves a Property using the Platform should to contact sales representative and their own professional advisers to advance any purchase of a Property, including all necessary due diligence.
- Buyers should not pay any deposit until they carefully confirm banking details. Buyers bear the risk of any error.
- airHomes Sale does not warrant that the Platform or the server that operates it is free from viruses or other corrupted materials or occasional outages our disruption to service which prevents users from accessing the Platform or that the use of the Platform will be compatible with all hardware or other software.
- The use of the Platform including all content is at the user’s own risk. Users must make and rely upon their own enquiries concerning the content contained on the Platform.
- In order to use the Platform as a “Marketing Manager”, users must register an account, agree to be bound the Marketing Manager agreement and be accepted by airHomes Sale. Users represent and warrant that they have the authority to legally bind their entity and grant airHome Sale all permissions and warranties provided in these Terms and Conditions and the Marketing Manager document (a copy of which will be sent to users following registration).
- In order to use this Platform as a “Marketing Partner”, users must register an account, agree to be bound the Marketing Partner agreement and be accepted by airHome Sale. Users represent and warrant that they have the authority to legally bind their entity and grant airHome Sale all permissions and warranties provided in these Terms and Conditions and the Marketing Partner document (a copy of which will be sent to users).
- In order to use this Platform as a Buyer, you must register an account. In registering your account, you agree to be bound by these Terms and Conditions.
- Each Buyer:
- represents and warrants to airHomes and any other user of the Platform that they are 18 years of age or over and have the authority to form legally binding contracts;
- will be required to enter the unique ID of the person who referred them (known as a Marketing Partners) when registering to use the Platform (the Marketing Partners unique ID may be pre-recorded);
- will be allocated a username and must choose a password;
- are responsible for maintaining the confidentiality and security of their username and password;
- must immediately notify airHomes Sale if they know, or reasonably suspect that their credentials may have been lost, stolen, misappropriated or otherwise compromised, or in the case of any actual or suspected unauthorised use of their userid or password;
- acknowledges that their personal information relating to any Property purchased made by them using the Platform can be accessed by their Marketing Partner and Marketing Manager that introduced or promoted the Platform to them;
- accepts and acknowledges that once a Buyer registers to the Platform using partner’s unique ID or from Marketing Partner’s invitation link to the Platform, the Buyer will allocated to the nominating Marketing Partner and the Marketing Partner may be rewarded by receiving marketing incentives from Licensees when a Buyer purchases Property using the Platform;
- understands and fully accepts that fees may be received by Marketing Partners who introduced the Buyer to the Platform and Marketing Managers;
- accepts that the rights of Marketing Partners and Marketing Managers to receive payment for introductions can be assigned to other Marketing Partners and Marketing Managers;
- acknowledge that the information contained on the Platform is confidential information owned by airHomes;
- warrants that they will not copy any confidential information or utilize that confidential information in order to compete with airHomes Sale business; and
- are liable and responsible for any and all activities conducted through their username and password.
- airHomes Sale may terminate the access of any Buyer for any fraudulent, abusive, or otherwise illegal activity or any other ground in its absolute discretion. The termination should be notified as soon as practical using any of the contact details that the Buyer has recorded on the Platform. A failure to notify does not delay or otherwise affect the validity of the termination.
- By using the Platform each user acknowledges that they are bound by these Terms and Conditions.
- A Buyer, who has registered an account with airHomes Sale, is able to access property listings on the Platform.
- If a Buyer chooses to purchase a Property listed on the Platform they may press “Reserve” on the Property they have selected and add their details (including that of their solicitor/conveyancer, if known) and upload necessary documents including deposit payment receipt.
- Once reserved, the Buyer should instruct their solicitor or conveyancer to proceed with the sales process (including any due diligence and exchange of contracts).
- The Buyer acknowledges and agrees that all content shown in respect of the Property are artists impressions only. All plans, fittings, scales, sizes and specifications are indicative only and may not be exact or accurate and may be varied during the construction process.
- Property prices and other information in the listing section are subject to change from time to time. The Buyer should contact the Property’s sales representative on the Platform to find up to date price and other information.
- The Buyer acknowledges that they will enter into a Contract for Sale and Purchase of Land that will contain more accurate plans, price, colours and specifications in respect of the Property they wish to purchase. The Buyer should obtain legal, taxation and financial advice on the contents of the Contract for Sale and Purchase of the Land and conduct all precontractual investigations recommended by their solicitor/conveyancer.
- The Buyer acknowledges and agrees that they will carefully read and understand the specifications for the Property and make and rely upon their own enquiries prior to signing any Contract for Sale and Purchase of Land in relation to the Property.
- The Buyer releases and holds harmless airHomes Sale, real estate agent(s) and developer(s) who lists the Property on the Platform and its officers, directors and employees from and against all actions, suits, demands, claims, losses, damages and costs whatsoever, whether at law or in equity arising out of the Buyer acting, or failing to act, on any information contained on or referred to on the Platform.
- Users are not permitted to modify, copy, reproduce, republish, distribute or transmit materials contained on the Platform whether in whole or in part without the express written consent of airHomes Sale (which may be given subject to conditions).
- Users may access and use the content on the Platform for their own personal use only. Users must not do anything to alter, modify or add to the content.
- To the best of the knowledge of airHomes Sale, information contained on the Platform is current as at the date of uploading. Information is supplied on the basis that, while airHomes Sale believes all information supplied by third parties is reliable, it does not warrant the accuracy, completeness or currency of the information. airHomes Sale will not be liable for any inaccuracies, omissions or errors in the content nor for any loss or damage arising from action taken in relation on the information.
- airHomes Sale and its clients including real estate agent(s) and developer(s) and its officers, directors and employees will not be held liable, in any circumstances, for any loss or damages which arise out of:
- any use, attempted use, and/or technical failure of the Platform;
- acting, or failing to act on any information contained in or referred to on the Platform; and
- any errors or defects in the Platform.
- Users of the Platform indemnify and keep indemnified airHomes Sale and any third parties from and against all actions, suits, demands, claims, losses, damages and costs whatsoever, whether at law or in equity arising out of any breach of these Terms and Conditions by the user.
- The Terms and Conditions are to be interpreted so that they comply with all applicable laws in New South Wales.
- If any part of these Terms and Conditions are unenforceable, illegal or void, then it is severed and the remained of these Terms and Conditions remains in Force.
- References to currency are in Australian dollars.
- The information contained on the Platform is provided for Australian residents only.
USE OF WEBSITE
THE RESERVE PROCESS
CONTENT ON PLATFORM
LIABILITY AND INDEMNITY
COMPLIANCE WITH LAW
INFORMATION FOR AUSTRALIAN INVESTORS