Terms and Conditions

NearEstate.com (“Site”) is an electronic web-based platform that acts only as a search engine or advertising agency for the purpose of trading, discovering, and developing business online for real estate, housing, and property in Australia. Delivery Around PTY Ltd, CAN649271778, 27/163 Carinish Road, Clayton, Victoria3168, owns and operates it (Australia).

All use of this website is subject to the accompanying Terms and Conditions and represents recognition and acceptance of them (“Terms”). Before using any of the Site’s services, it is important for all Users to thoroughly read, comprehend, and agree to the Terms set out below (“Services”). The Services are offered exclusively to persons, businesses, or corporations that are legally capable of entering into legally binding contracts under Australian law. Delivery Around Pvt. Ltd. has the right to modify these Terms of Use at any time by publishing the modified terms on this site. Such revised version shall take effect immediately upon its publication on this site.

CLAUSE OF DEFINITION:-

A “User” is defined in this Agreement as any individual who visits the Site for any reason, regardless of whether the User has registered with NearEstate.Com as a registered User or is a paying User for a specific service provided by NearEstate.Com. The term “User” refers to both the individual accessing this Site and any legal entity that may be represented by such individual under real or apparent authorisation.

Unauthorized User:-Any person who accesses the services despite not having a legal or contractual right to do so falls within the definition of a ‘unauthorised User’ and is subject to the terms and conditions, specifically with regard to respecting the provider’s intellectual property rights and abiding by licencing terms and conditions.

Free Services: Any individual or corporation that joins the portal www.NearEstate.com just for the purpose of listing and promoting his business online without utilising any specialised services.

Paid Services: All Users are given with free access to the Site and some features. However, the Site maintains the right to restrict access to certain areas or services of the Site (“Paid Services”) to paying Users or Users who complete a special registration process. Additional terms and conditions govern access to and use of certain Paid Services that are not included in this Agreement.

The term ESTATE AGENCT ACT 1980 (THE ACT) refers to and encompasses the Estate Agents Council (The Operation of Estate Agents Act 1980) in its entirety, as well as any rules or regulations enacted thereunder. By accessing and using the Site and its Services, Users represent and warrant that (a) all registration information is true and accurate; (b) the User will maintain the accuracy of such information; (c) the User is at least 18 years of age; and (d) the User’s use of the Site does not violate any applicable law or regulation. (e) If we feel that the user has violated any of the above rules, we may remove his profile and terminate his Membership immediately. (f) In no circumstances will the Site be liable for any damages, including, without limitation, indirect or consequential damages, or other damages whatsoever, arising out of or in connection with the use of the site, whether in contract, negligence, or other tortuous action.

That Users undertake to use this site only for lawful reasons and in a way that does not violate the rights of, or limit or prohibit, any third party’s use and enjoyment of, this site. This prohibition or restriction includes, but is not limited to, activity that is unlawful or that may harass, distress, or inconvenience another person, as well as the sending of obscene or offensive information or interruption of the usual flow of discussion within this site. If any User/individual/entity becomes aware of any improper content posted by another User on this site, or if you have any other concerns, please inform us using the “Feedback” link located at the bottom of each page.

The Site is not a specialist in the field of intellectual property rights. It is beyond our control to ensure that Users of the Site have only posted items and services for which they have complete authorisation / ownership / dealership / selling rights. As an INTERMEDIARY, our involvement is restricted, and if you have any concerns about copyright infringement, we would appreciate it if you would bring them to our attention. The Site neither advocates for nor encourages items that may be perceived to be infringing by virtue of their placement on the Site, nor does it condone infringement by deleting such listings.

That the Site shall not be accountable for any such information or data that is not within its knowledge / acknowledgement / violations / copyright issues committed by its Users and is not subject to verification.

That the Site shall have sole discretion regarding the deletion of his User’s classifieds/listings if the same are determined to violate third party copyright/intellectual property rights. That the current provision complies with applicable Australian information technology and data protection regulations, and hence no discussion/argument will be accepted in any instance or condition.

This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions applicable to such Paid Service; provided, however, that in the event of a conflict or inconsistency between any provision of the terms and conditions applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall be resolved in favour of the Paid Service (except as expressly provided or agreed).

NearEstate.Com reserves the right, at any time, to alter this Agreement by publishing the modified and restated Agreement on the Site. The Agreement, as revised and rewritten, shall take effect immediately upon publication. NearEstate.Com’s of the updated and restated Agreement, as well as your continuous use of the Site, shall constitute acceptance of the amended terms. This Agreement may not be amended in any way except by a written amendment signed by an authorised official of NearEstate.Com.

Membership is activated within two working days of receipt of activation charges and is valid for the duration of the period for which the activation charges were submitted; however, the Web pages are created based on the information/approval provided by the User and may take some time; however, no extension or waiver of the stated period will be provided/allowed.

Users should be aware that the servers belong to a third party and that continued access to the services is contingent upon their availability, which may be disrupted at times by technical problems/hackers, and that NearEstate.Com or the parent company is not liable for any costs/damages/extensions of activation period, etc. resulting from the same in any way or under any circumstances. Users are urged to spool messages and other data offline and save them somewhere to avoid hacking or technical difficulties.

Membership fees are subject to change at the NearEstate.com’s discretion.

Delivery Around Pty Ltd maintains the right to prohibit or remove the webpage at any time and for any reason, and the User will have no claim or right against Delivery Around Pty Ltd in any scenario.

Users agree to accept communications (via Calls/Chat/Mails/SMS) on the numbers provided during registration or later, via registration forms, posting requirements, feedback forms, or any other form that requires a phone number / mobile number, regardless of whether the user is registered on the Do Not Call Registry; which may include the company’s / your / an assigned point of contact; with respect to the subscribed services of NearEstate.com, Delivery Around Pty. Ltd.

USER’S OBLIGATIONS

• The User acknowledges and explicitly accepts that he/she is entirely responsible for the correctness and completeness of the Registration Data and other information provided to the Company in connection with the application for Membership to use the Service. The User is responsible for ensuring that the data submitted with NearEstate.com is free of fraudulent, erroneous, misleading, or altered facts.
• Before publishing any content on the Site, including but not limited to listing information, property descriptions, images, maps, layouts, and contact information, the User agrees to own or obtain all applicable rights and authorizations.
• If a User is subject to the ESTATE AGENCT ACT 1980 (THE ACT), it is responsible for complying with all applicable laws, including but not limited to acquiring appropriate registrations and permits.
• Additionally, the Site may ask the User to substantiate his/her assertions regarding the condition of the property with such documentation as it may specify from time to time.
• The User is responsible for configuring or setting up all equipment necessary to access the Service.
• The User shall adhere to any notifications or instructions issued by the Company about the usage of the Service from time to time.
• The User is solely responsible for the information he retrieves, stores, and transmits over the Service.
• The User is entirely responsible for maintaining the secrecy of the username and password.
• This would include the User’s password and Username, as well as all of the User’s activity and transmissions on NearEstate.com.
• The User agrees to notify the Company promptly of any unauthorised use of the User’s account or any other breach of security that the User becomes aware of.
• The User shall pay the Subscription Fees on a timely basis as required by the Company from time to time. • The User will take all reasonable means to maintain the confidentiality of his account, including but not limited to changing his password on a regular basis.

If you choose to terminate your relationship with us, you may unsubscribe / delete your account by following the delisting procedure using the Remove Account link in your folder.

PROPRIETARY RIGHTS IN CONTENT ON NEARESTATE.COM

NearEstate.com owns and retains all other intellectual property rights in the site and its services. The Site contains NearEstate.com’s copyrighted content, trademarks, and other proprietary information. Except for material that is in the public domain or for which you have been granted permission, you may not copy, edit, publish, transmit, distribute, perform, display, or sell any such proprietary information.

INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trademarks, and registered marks (“Marks”) displayed on NearEstate.Com are either the Company’s or its affiliates’ property or are used under permission. All rights arising from the same, whether statutory or otherwise, as well as intellectual property rights, vest entirely in the Company And its affiliates. All rights not expressly granted in this Agreement or by the Company / its affiliates are reserved hereunder.

The User’s access to the Site does not provide the User any licence or permission to use these Marks, and as a result, the User is expressly banned from using these Marks in any form or way. Any infringement of the foregoing would be an offence under Australian law.

PROHIBITED USE

• The User must not use the Services supplied by the Site in any way that jeopardises the Site’s interests or functionality or that is in violation of applicable laws and regulations, including the ESTATE AGENCY ACT 1980. (THE ACT).
• The User will not permit anyone other than the authorised person(s) named in the application form to use the Service. • The User will use the Service solely for the purpose for which it was subscribed. • The User will comply with all applicable laws and will not violate any applicable Australian law relating to the Services, including any regulation made pursuant thereto.
• The User agrees to refrain from using the Service for any illegal purpose, including but not limited to criminal activities.
• The User shall not use the Service to send or receive any message that is obscene, vulgar, obscene, malicious, or menacing in nature or that is offensive, vulgar, obscene, malicious, or menacing in nature. • The User shall refrain from persistently sending messages or making postings on NearEstate.com to any other User or third party who accesses NearEstate.com without reasonable cause or for the purpose of putting any person in danger, harassing, anno
• It is unlawful for the User to introduce, upload, post, distribute, publish, or transmit any information or software into the Internet or NearEstate.com network system that: a. Contains a virus, worm, or other dangerous component.

1. Violates any person’s intellectual property rights or retains information in any computer system or otherwise with the purpose to do so.
2. Is illegal, or might be construed as abusive, defamatory, libellous, hurtful, threatening, harassing, vulgar, obscene, or objectionable on a racial, ethnic, or other basis.

• NearEstate.com does not permit registration/transactions by any member/user who has direct or indirect ties to any sanctioned countries / territories (Cuba, Iran, Syria, North Korea / Democratic People’s Republic of Korea, Crimea and Sevastopol / Crimean Autonomous Republic) as per sanctions laws imposed by the UN, US, UK, EU, or any other Government and/or Regula

If the User violates any of the above-mentioned covenants and the Company becomes aware of the breach, the Company reserves the right to remove any content relevant to the violation without notifying the User. The Company shall warn the User to cease any action that results in the aforementioned violations, and if the User persists with such activity, the Company shall have the sole power to cancel or suspend the User’s membership at NearEstate.com and/or any other associated facility. In addition to the indemnification rights available to the Company, the Company shall have the right to pursue any legal remedy available to it against the User to recoup the loss suffered by the Company and the harm caused to the Company’s goodwill as a result of the User’s infringement.

COPYRIGHT POLICY

You must seek the prior written approval of the owner of any copyrighted material, trademarks, or other proprietary information before posting, distributing, or reproducing it in any way. Without limiting the above, if you feel your work has been duplicated and put on the NearEstate.com site in a way that is infringing on your copyright, please give the following information to our Copyright Agent: a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or t a declaration signed under penalty of perjury that the above information in your Notice is correct and that you are the copyright owner or authorised to act on behalf of the copyright owner. The Copyright Agent for Notice of Claims of Copyright Infringement at NearEstate.com can be reached by writing to the address shown in the site’s Contact Us section.

CONFIDENTIALITY

Because NearEstate.com is an online platform, it cannot guarantee the confidentiality of information submitted by Users who use the Site, thus any breach of privacy caused by a technological flaw or other methods is not the fault of NearEstate.com.

The User has access to his or her personal data and information recorded in the NearEstate.com database (subject to previous confirmation of identification) and may update or change it at any time.

Users should be informed that voluntarily disclosing identification-oriented information (name, e-mail address) to anybody, resulting in unwanted mailings from third parties, is beyond of NearEstate.com’s control and liability.

In response to any legal processes, including but not limited to court orders, notifications, subpoenas, and FIRs, NearEstate.com is obligated to divulge any information accessible to it.

The Company is the exclusive and exclusive owner of the copyright, know-how, and any other intellectual property relating to the Service or NearEstate.com. If the User contributes any content to NearEstate.com in any way, the intellectual property rights to that content are immediately transferred to the Company, and the User has no right or claim to that content. If the User uses such intellectual property on any other website or similar activity during the length of his agreement or at any time subsequently, this can be interpreted as an infringement of the Company’s intellectual property, and the Company will have the right to pursue legal action.

PRIVACY POLICY

This is a set of guidelines that governs how personal information is

The information given by a user of NearEstate.com must comply with all applicable laws. The information/data submitted by the user may be utilised by all divisions/sister concerns/ventures of NearEstate.com to carry out the project’s objective, but it will not be communicated/transformed/spread to any company/third party or for any other commercial purposes without the user’s agreement.

Only on the written request of the user, his representative, or his authorised person, will the user’s data/information be updated, modified, or deleted.

Users understand that by using this Site, all information provided by you, including but not limited to company information and property listing details, is submitted to the Site, and that by registering on this Site, you agree that the information you post is a public document that other Users of the Site can access. You agree and consent that NearEstate.Com may use all of the information you provide to assist you in your search for a buyer or seller by either forwarding your requirements to registered Users or displaying your property listing on the Site’s search displays for candidates (Visitors / Users) to see and contact.

NearEstate.com is dedicated to protecting its users’ online privacy and does not aim to sell, rent, or exchange personal information with third parties. Unless it is legally necessary or to offer services to support your candidate search, the Site will not transfer any such information. You agree to hold NearEstate.com harmless in the event of a data breach caused by technical or other means.

NearEstate.com attempts to create a safe and secure environment for its users. The Site is devoted to protecting your privacy, but it cannot guarantee or promise that it will do so, and you acknowledge and accept that you are solely responsible for your use of the Site.

As an Intermediary, the Site’s function is restricted to providing a platform for Users to engage, and we have no control over how Users use their data when they utilise the Site’s services.

By using the Site’s Services, you consent to NearEstate.com collecting, storing, and using the personal information you provide (including any changes you provide) for any of the Site’s Services, and you consent to NearEstate.com contacting you for offers, updates, service-related information, newsletters, feedback, surveys, promotions, contests, and other purposes.

The pages on the Site use “cookies” and other tracking technologies primarily to improve the User experience, and traffic analysis is performed to disclose trends and data.

NearEstate.com recommends its users to proceed with caution while conducting online transactions, and it is the User’s exclusive obligation to check and confirm the information on the site as well as the persons with whom they choose to deal. NearEstate.com is not liable for any loss or damage caused by the User’s carelessness. You have sole control over and responsibility for all information you put on the Site, and it is your obligation to keep it up to date. Users are strongly encouraged to respect the privacy of other users and to keep their profiles up to date. If anything comes to NearEstate.com’s attention that this might infringe someone else’s rights or if a legal entity requests it, access to the Site’s services, including profile updating and deletion, may be limited or prohibited.

LIMITATION OF LIABILITY

• NearEstate.com simply provides a platform for showcasing property / project listings and plays no role in any transactions or communications; as a result, it will not be liable for any loss or harm of any kind resulting from the use of its services, whether temporary or permanent. Regardless of anything else in this agreement, NearEstate.com’s liability to you for any reason, and regardless of the form of action, shall always be limited to the amount paid, if any, to NearEstate.com for the Service during the duration of membership.
• Because NearEstate.com is a public site with open access, it bears no responsibility for the quality or authenticity of replies. NearEstate is unable to monitor any User’s replies to information that they have provided and that is shown on the site. The user should perform his or her own background checks to ensure that any responses are genuine (s). NearEstate.com is not responsible for any errors or omissions on this website.
• NearEstate.com explicitly disclaims any and all liability that may arise as a result of the existence of any false information on the site.
• The User is cautioned against disclosing any personal, confidential, or sensitive information to any former or present firm employee. The User does so at his or her own risk, and the Site / Company is not responsible for the results of any such information transaction, including, but not limited to, damages for lost profits or savings, business disruption, loss of information, or reputation.
• Because mobile applications are meant to be compact and light to ensure a seamless experience, certain free and premium features may not be included in the mobile application version even though they are part of the original website. Each User indicates, warrants, and agrees that the same is acceptable in fact, and that no requests to include any such feature in the mobile app version will be made by the Users.
• The User undertakes to accept full responsibility for conducting thorough investigation before relying on any information on the Site. NearEstate.com is not responsible for any loss or damage of any kind resulting from the use of its services, as well as the temporary or permanent suspension of those services. Regardless of anything else in this agreement, NearEstate.com’s liability to you for any reason, and regardless of the form of action, shall always be limited to the amount paid, if any, to NearEstate.com for the Service during the duration of membership.
• Because mobile applications are meant to be compact and light to ensure a seamless experience, certain free and premium features may not be included in the mobile application version even though they are part of the original website. Each User indicates, warrants, and agrees that the same is acceptable in fact, and that no requests to include any such feature in the mobile app version will be made by the Users.
• NearEstate.Com may provide Users with complimentary leads as part of some premium packages or special schemes, but the Users shall not hold NearEstate.Com accountable in any way for this since it is subject to availability. These are buyer requests, and their fulfilment is contingent on the popularity, trends, and other factors that are not controlled by NearEstate.com and hence cannot be guaranteed. NearEstate.com will make every effort to provide leads that fit the User’s specifications, but it is not responsible for the information’s integrity or validity.

REFUND PROPERTY LEADS

Requests for refunds of Property Leads due to non-contactable contact information must be made within 5 days of purchase; otherwise, the request will not be considered.

No refund requests for cancelled or fulfilled leads will be considered since they are beyond the scope of the Site, as we have no control over the deal finalisation, transactions, or preferences of the Users.

The refund request cannot exceed 25% of the given Property leads quota, and it may be completed directly through the member folder, where the refund option will become unavailable after the maximum is reached, regardless of the cause for reimbursement.

DISCLAIMER

• The Company shall not be liable for any loss of information, whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy, or quality of information available, received, or transmitted through the Service; • The User shall be solely responsible, and the Company shall not be liable in any way, for ensuring that all applicable laws, rules, and regulations are followed when using the Service.
• The Company’s liability under this Agreement shall in no event exceed the total amount of fees and charges paid by the User to the Company in the two (2) months preceding the incident giving rise to the relevant claim. • The Company shall not be liable for any loss or damage sustained as a result of any disclosure (inadvertent or otherwise) of any information relating to the User’s account and particulars, nor for any error, omission, or misstatement made by the Company.
• The Company makes no warranty that NearEstate.com or any of the web sites linked to it will be free of operational errors or viruses, worms, or other harmful components. • The User acknowledges that it is not the Company’s policy to exercise editorial control over and to edit or amend any data or contents of any emails or postings, or any information that may be inserted, made available, or transmitted to a third party in or through NearEstate.com. The Company reserves the right to refuse, suspend, terminate, delete, or amend any artwork, materials, information, or content of any data or information or posting in order to comply with the Company’s legal or moral obligations and to avoid infringing a third party’s rights or any other rules, standards, or codes of conduct applicable to the posting or NearEstate.com or the internet. It is entirely the User’s obligation and right to verify the veracity of any and all responses/inquiries received or information published. NearEstate.Com is a free public website and bears no responsibility for the quality or authenticity of replies.
• NearEstate.Com makes no representations or warranties on the credentials of contacted parties, including potential buyer / seller / builder / real estate agent / User, and it is up to the users to test, analyse, and verify the same at their own risk.

The User-supplied data can be updated by the User alone and is completely their responsibility; NearEstate.com is not liable for the information’s current condition.

• The User should ensure that, when using the Service, all prevailing and applicable laws, rules, and regulations governing the use of systems, services, or equipment are strictly adhered to at all times, and the Company shall not be liable in any way for the User’s failure to do so. If you use this Site from a country other than Australia, you are solely responsible for adhering to all relevant local laws, as well as international conventions and treaties. Users are strongly recommended to conduct their own independent verification of the legitimacy of any Pre-Launch offers they receive. The Site does not recommend investing in any unofficially sanctioned or unlaunched initiatives; users dealing in such projects do so solely at their own risk and responsibility.
• Before making investments, Users must do essential background checks and verification on any information supplied by Users on the Projects / Properties. NearEstate.Com makes no representations as to the quality or authenticity of the Projects / Properties featured.

DATA USE

The User agrees and irrevocably authorises the Company to: • Use any data and information provided by the User in connection with this Agreement for the Company’s own purposes, including supplying such data and information to any associated companies or selected third parties, including search engines.

• Utilize any data provided by the User in order to distribute offers or send emails about specific services, and such emails may not be construed or declared to be unsolicited communications.
• Permit all data and information provided by the User in connection with the Service to be retained at NearEstate.com for the Company’s use in accordance with the terms of the service agreement with the User, notwithstanding the termination or suspension of the Service to the User under this Agreement. Unless and until the User notifies the Company to erase any such data and information following the termination or suspension of the Service, such data and information will remain in the Company’s property, records, and databases.

DISCLAIMER UNDER THE ESTATE AGENT ACT 1980

Users who are sellers, such as Project Developers / Builders / Real Estate Agents, must register under the aforementioned Act and comply with all applicable laws, regulations, and guidelines under the ESTATE AGENCT ACT 1980. (THE ACT). These Users are required to give all required information and relevant facts in accordance with the Estate Agents Act 1980. NearEstate.Com makes no representations or warranties as to the accuracy or completeness of the material, including Estate Agent Act 1980 credentials, posted by Project Developers / Builders / Real Estate Agents, or their compliance.

The Site recommends that Users consult the respective Estate Agent Act 1980 websites, as applicable, of the State in which the Project / Property is registered for complete procedures and accurate information about the Project / Property posted on the Site by Project Developers / Builders / Real Estate Agents and advises Users to make all necessary verifications prior to finalisation / transactions.

In no circumstances will the Site be liable for any damages, including but not limited to indirect or consequential damages, arising from any claims based on erroneous / inconsistent information supplied on the Site.

The Company expressly disclaims any representations and guarantees, explicit or implied, regarding the Services and the accuracy or quality of any information sent or accessed via NearEstate.com.

INDEMNITY

You agree to indemnify and hold harmless NearEstate.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

VARIATION

The Company retains the right to alter the terms and conditions included in this document and the Services Guide at any time upon notification to the User (in such manner as the Company determines).

The Terms and Conditions of this agreement will be revised on a regular basis and will be available on NearEstate.com. The User should revisit the site on a regular basis to ensure compliance with the Terms and Conditions. To be clear, the User’s continuous use of the Service represents confirmation and acceptance of the updated terms and conditions.

POLICY ON PAYMENT AND REFUND

Payments for memberships must be made in the name of “Delivery Around Pty Ltd.” All payments for services at NearEstate.Com must be made in the name of “Delivery Around Pty Ltd.” To continue using Paid Services uninterrupted, all payments must be completed in full in advance.

We have not permitted any individual or organisation to accept payments for services performed by NearEstate.Com under any other name (i.e. any other individual or company name) or via personal Western Union or personal Paypal accounts. You are now advised that NearEstate.Com will not be liable for any loss or damage incurred as a result of your transactions with / payments to / in favour of such fraudulent people or organisations. Please call us immediately if any such fraudulent individual or organisation attempts to deceive you.

The User who is responsible to pay Subscription Fees should pay them on demand regardless of the grounds for the disagreement. If the Company resolves the disagreement in the User’s favour, the Company will return the User any excess amount paid by the Member interest-free. In the event that the User fails to pay any monies due under this Agreement on time, the Membership and services will be cancelled.

Refund / Money Back Policy: Once a User has subscribed to a Paid service, the User’s money is non-refundable, and no refund request will be processed. NearEstate.Com makes no representations or warranties regarding the accuracy, timeliness, or authenticity of any material submitted by other Users. All services are provided with the utmost care.

Refund for fraudulent transactions

The User is solely responsible for preserving the confidentiality of his or her My Folder, as well as for any actions and transmissions conducted via it. He/she shall be completely liable for any online or offline transaction using credit cards, debit cards, or other instruments or papers used to conduct such transactions. NearEstate.Com bears no responsibility or liability for their inappropriate use of information linked to the subscriber’s online / offline use of credit cards / debit cards.

Refund due to a change in preference or a delay in the procedure

Due to the fact that NearEstate.Com maintains a high level of connection with our clients and conducts the entire procedure with their permission, there is no provision for a full or partial refund.

Once an order is placed, it cannot be cancelled since it is instantly processed. Your personal preferences have changed over time and cannot be used as a basis for a refund or charge back.

SERVICE SUSPENSION / TERMINATION

NearEstate.com reserves the right to suspend a User’s access to specific features, panels, or access points or to completely terminate a User’s Account at any time without assigning a reason or providing notice to the User (Free and Paid Members) in order to protect the interests of other NearEstate.com Users and / or NearEstate.com.

NearEstate.com reserves the right to terminate or suspend the service in whole or in part based on reasonable grounds to suspect / upon receipt of a complaint / a belief / an investigation / a notice from law-making bodies or regulating authorities, and may do so for the following reasons:

• If the User violates any aspect of this Agreement (s).
• If the User(s) provides false, incorrect, or incomplete information, or if the User(s) uses another person’s or business entity’s name or impersonates another person’s or business entity’s identity in any way.
• If the User’s activities endanger the financial well-being or legal standing of another User, or NearEstate.com or its affiliates.
• If the User(s) is(are) abusing or fraudulently using the Services, or if the User(s) is(are) participating in unlawful / forbidden / inappropriate communications / activities / transactions
• If the User(s) submits content that is unrelated to the Site’s services or if the User(s) uses the Site for spamming purposes.
• If the User(s) is(are) involved in the illegal access, use, modification, or control of the Site’s database, network, or associated services.
• If the User(s) gains access to another User(s) account by acquiring the Username and/or Password of another registered User(s).
• If the User(s) violates another person’s or business entity’s intellectual property rights.
• If the User(s) conducts business in a manner inconsistent with ethical and honest business practises.

With such termination, the User(s) forfeits the right to use the Site’s Free and Paid Services and is not authorised to register with new User information unless expressly permitted in writing by NearEstate.com. In the event of termination, no membership fees / subscription fees paid by the User(s) will be returned. The User(s) recognise and agree that NearEstate.com is not liable for any direct or indirect damages incurred as a result of such termination.

DISPUTES BETWEEN USERS

Users are solely responsible for their dealings with NearEstate.com, and NearEstate.com maintains the right, but is under no duty, to monitor Member disputes.

NearEstate.com will not be a party to any legal proceedings between the User and any other registered or non-registered User arising out of any transactions conducted via the Site. NearEstate.com will always comply with governing / legal authorities’ orders and cooperate completely throughout the process, but the expenses of doing so will be borne by the party that has been involved in such situation.

DISPUTES AND JURISDICTIONAL CONCERNS

Any legal issue involving NearEstate.com will be resolved exclusively in the state of Victoria. All legal matters are governed by the relevant contemporaneous laws in effect in Victoria, Australia and are subject to the exclusive jurisdiction of courts based in Victoria, Australia.

APPLICABLE LAW AND JURISDICTION

This Agreement, as well as any dispute or issue arising out of the User’s incidental use of NearEstate.com, is governed by Australian law, and the User and the Company hereby submit to the exclusive jurisdiction of the courts located in Victoria, Australia. This Agreement, which you accept upon using the Site and confirm by becoming a User of NearEstate.com, is the entire agreement between you and NearEstate.com governing your use of the Site and/or the Service. If any part of this Agreement is found to be invalid, the remainder of this Agreement shall remain valid.