Terms of Use

The Company reserves the right at its sole discretion to offer Services that may require you to agree to additional terms and conditions than those stated here. By proceeding to use such Services, you expressly agree to abide by such additional terms.

Unless expressly stated otherwise, the following terms will have the meaning defined below:

• “Builder(s)” — refers to businesses who list their house and land packages, plans and promotions on the Platform to market them to buyers.
• “Buyer(s)” — refers to users who use the Website to find builders offering suitable house and land packages for their needs.
• “User” — refers to all those who access the Website, and includes any reference to builders and buyers.
• “Listing” — means a builder’s package listing on the Website that presents the package details, pricing, plans and promotions.
• “Purchase Contract” — refers to an agreement governing any commercial transaction for the sale and purchase of a house and land package between a buyer and a builder.
• “Platform,” “Website” or “Site” — means the website located at https://resbid.com owned and operated by the Company.

Our Website is not targeted at users who are under the age of eighteen (18) years. If you are under eighteen (18) years of age, please exit our Website.

Our Website is a neutral venue connecting buyers with builders and vice versa. The Company will not be a party to any Purchase Contract between buyers and builders or any disputes arising between users.

The Company does not offer any house and land packages to buyers or act as an agent, employer, partner or representative of builders. The Company does not perform any background checks or assess the ability of any builder to deliver a house and land package, and we are unable to offer any assurances or warranties as to the quality, legality, existence, timely delivery and accuracy of any packages offered by builders.

The Company hereby disclaims all liability for loss, claims or damages incurred by a buyer, whether directly or indirectly, arising from or relating to such buyer’s reliance upon the information made available on any listing published on our Website.

Please note that listing of any package on the Website does not constitute an endorsement of such builder or their packages by the Company. We disclaim all liability for any packages published on any listing, and we will not be held liable for any loss or damage, including but not limited to physical injury or death, arising from or connected with any buyer’s use of any builder’s packages, goods or services.

We cannot guarantee any specific results from the use of our Website. Your decision to acquire a house and land package from any builder found through the Website will be made by you entirely at your own risk.

The Company only enables builders to offer their house and land packages to buyers through the Website. Buyers understand that all commercial transactions between a builder and a buyer will be subject to a separate Purchase Contract as agreed between them.

It is solely the responsibility of the buyer and the builder to determine the terms of such Purchase Contract before entering into any commercial transactions to avoid any disputes. Buyers and builders acknowledge and agree that the Company is not a party to any Purchase Contract and the Company will not be responsible for any obligations arising from any Purchase Contract whatsoever.

Any part of a Purchase Contract that intends to expand the Company’s obligations or restrict the Company’s rights under this Agreement shall be deemed null and void ab initio.

The Company does not request any proof of identity from any builders or buyers, and therefore we are unable to confirm that a user is who they claim to be. The Company will not assume any responsibility for any information provided by users through the Website. Should a user require any additional proof of identity or ability of the other party, it is for them to request and provide such information directly to the other. We do not offer any assurances or warranties to users that any identity proof that you deliver to the other party will not be misused.

We cannot guarantee that information provided by a user is accurate, lawful or free from any misrepresentation. Users are advised to exercise caution and use their own best judgement when interacting with people that they do not know.

Neither the Company nor its founders, employees, or affiliates (“Company and its officers”) will be responsible for any user conduct, whether online or offline, and you hereby release the Company and its officers from any liability relating thereto. The Company and its officers will not be liable for any claim, loss, injury, illness or damage arising in connection with your use of the Website or the sale and purchase of any house and land package published on any of the Company’s web pages.

User-generated content refers to any content created, posted or published on the Website by a user or the Company on behalf of a user. All content contained in listings on our Website, as well as all enquiries sent by buyers to builders through the Platform, including any ratings and reviews published on the Website, forms part of user-generated content.

We do not claim any ownership of user-generated content on the Platform. However, by creating or posting any user-generated content on the Platform, you understand and agree that such content may be viewed by other users, and you grant the Company a royalty-free, non-exclusive licence to use, distribute, reproduce, modify, adapt, publish, display or share, in print or on any digital media including third-party social media platforms, any content you provide, post or share with us, including but not limited to any ratings and reviews for any builder.

For the purposes of this Agreement ‘user-generated content’ includes but is not limited to images, videos, text or similar material for any marketing, promotional or information purposes.

You understand that any information made available by a user on the Platform is the sole responsibility of the user from whom such information originated (all listing information is the responsibility of the builder whose listing it is). The Company will not be liable for any errors or omissions in any user-generated content.

The Website may enable buyers to rate and review builders and their packages. These ratings and reviews are designed to help prospective buyers make informed decisions, which is why it is imperative that you do not rate and review a builder based on hearsay. You may only rate and review packages or services that you have personally experienced, and for which you have proof of a transaction with the builder. Any attempts to fraudulently boost or defame a builder’s reputation by leaving inaccurate ratings and reviews may result in the Company blocking your access to our Website.

Please note that all ratings and reviews on the Website are the opinions of the user who provided them and not the opinion of the Company. We do not verify any ratings and reviews available on the Website, and therefore we are unable to offer any assurances as to the credibility or authenticity of such reviews.

The Company may at our sole discretion remove any ratings and reviews from the Website under the following circumstances:

• A review contains language that is obscene, discriminatory or otherwise inappropriate;
• A review violates any applicable laws;
• A review discloses any personal information of individuals including but not limited to employees of the builder;
• If we receive instructions by court order to remove a review;
• A review that we deem to be spam.

Excluding user-generated content, all material made available by the Company on the Website, including without limitation text, images, logos, audio, video and software contained therein, is owned by the Company (“Company Content”) and/or licensed to the Company by our licensors (“Licensed Content”). All Company Content and Licensed Content is subject to local and international copyright laws and conventions. Unless expressly authorised by the Company or the Licensed Content owner, you may not copy, reproduce, distribute, display, modify, repost, reuse, sell, transmit or create derivative works of any Company Content, in any form or by any means. You may not remove any proprietary notices or copyright statements from any Company Content. If you wish to reproduce or distribute any part of Company Content, you may send your request to us at info@resbid.com.au.

The Company only grants you a revocable, non-exclusive licence to use the Website and other Company Content for non-commercial and non-public use only. You understand and agree that you are not acquiring any ownership rights or title in or to the Website or any Company Content made available to you through the Website. You understand and accept that any misuse or misappropriation of the Company’s intellectual property rights, or any breach of this provision, may cause immediate and irreparable damage to the Company, and the Company shall be entitled to the remedy of injunctive relief. Such injunctive relief shall be in addition to any other remedies or claims for liquidated damages that the Company may seek.

Trademarks

The “RESBID” name and other trademarks that appear on our Website and any Company Content are registered or unregistered trademarks of the Company or their owner. Any use of our trademarks for any product or service that is not owned or operated by us is strictly prohibited.

We respect the intellectual property rights of others. If you bona fide believe that your copyrighted work has been copied and published on our Website or otherwise transmitted through our Website in a way that is claimed to constitute copyright infringement, you are requested to inform us at the email address listed below and provide us with the following information:

• Identification of the material or content that is claimed to be infringing your copyrighted works;
• Your contact information including your name, phone number and email address;
• A statement by you setting out that you are either the owner of the copyrighted work or have been authorised by the owner to communicate with us regarding the copyright infringement;
• A statement by you that all information provided by you to us is accurate and complete.

Please send the above notice of claimed copyright infringement to info@resbid.com.au.

You hereby agree to use our Website, all Company Content and Licensed Content in compliance with applicable laws and regulations. You agree not to take any of the following actions when using our Website:

• Use the Website and/or any Service features or functionality offered by the Company for any unlawful or illegal purposes;
• Use any robot, spider, site scraping/retrieval application or other automated routine in order to scrape any data or information from any part of the Website;
• Submit any content or material on any third-party sites that falsely express or imply that such content or material is sponsored or endorsed by the Company;
• Copy or store any content offered on the Website for other than your own personal and non-commercial use;
• Reformat, frame or use other framing techniques to enclose any portion of the Website including but not limited to images, text, layout and design found on the Website;
• Post any content on our Website or on our social media pages that may be potentially or actually harmful to the Company or any user;
• Post any content or information that is false, inaccurate, misleading or deceptive in nature;
• Remove any proprietary notices from Company Content;
• Infringe any user or third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
• Take any action that may lead to a violation of any applicable law or regulation;
• Intentionally or unintentionally cause harm or subvert the function of the Website by introducing software viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Website.

Your access to our Website may be interrupted at any time with or without prior notice to you for any system maintenance, upgrading, testing, repairs or other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the user for any loss, damage, cost or expense that the user may suffer or incur as a result of such deactivation or suspension.

We appreciate your feedback, suggestions and ideas (“Feedback”). By submitting your Feedback, you represent and warrant to the Company that you have all the requisite intellectual property rights in such content to be able to grant full legal rights to the Company, and you agree to grant all rights in such Feedback to the Company. By submitting your Feedback, suggestions and ideas to the Company, you hereby waive any claims to monetary compensation from the Company or its assigns.

The Company reserves the right to amend any terms of this Agreement from time to time without giving any prior notice to you to reflect our new practices. We also reserve the right to introduce new paid features and functionality, remove or modify any existing features, as well as the right to discontinue the Website at our sole discretion. Any amendments to these terms and/or features on the Website will be effective from the date we post the updated terms and implement the new features respectively. It is solely your responsibility to review these terms periodically to familiarise yourself with any changes. The Company will not be held liable for any loss or damage suffered by you as a result of your failure to review these terms.

Any content or information including any review, recommendation or claim posted on the Website by any user is the opinion of such user/s and not the opinion of the Company.

Neither the Company nor its founders, directors or employees will be held responsible for the conduct, whether online or offline, of any user, and you hereby release the Company, its founders, directors, employees, affiliates and licensors from any liability related thereto. The Company, its founders, directors, employees, affiliates and licensors will not be liable for any claim, loss, injury, illness or damage arising in connection with your use of the Website or reliance upon any information available through the Website, including but not limited to any user-generated content posted on the Website.

Please note that the Company reserves the right, but is not under any legal obligation, to monitor any user-generated content on the Website. Your decision to use the Website and any content made available therein is solely at your own risk.

The Website is made available to you by the Company on an “as-is” and “as-available” basis without any representation of warranties of any kind, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. To the maximum extent permitted by applicable law, the Company disclaims all warranties that are not expressly referenced herein, including but not limited to:

(a) Warranty that the Website will be uninterrupted, error-free and completely secure;

(b) Any specific results that may be obtained from the use of the Website or any information available on the Website; or

(c) Any information or user content on the Website is accurate, adequate, correct, current, complete, useful, reliable or error-free.

The Company offers no warranties or representations about the accuracy, completeness, suitability or quality of any house and land packages offered by builders through their listings on the Website. The Company will not be a party to or in any way be responsible for monitoring any commercial transactions or Purchase Contracts between users. As with any commercial transaction conducted through any medium and/or in any environment, you should always use your own best judgment and exercise caution when entering into any Purchase Contract.

The Company cannot and does not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by other users.

You accept that your use of the Website is solely at your own risk. To the maximum extent permitted by law, the Company and its officers shall not be liable for any indirect, incidental, special, punitive or consequential damages or liabilities arising from or related to your use of the Website even if the Company was advised of the possibility in advance. The limitation of liability applies to damages arising from your use or inability to use the Website, cost of procurement of substitute services or any other dispute arising from or associated with any aspect of the Website or information provided by the Company through the Website.

In no event shall the total liability of the Company, its directors, shareholders, employees and service providers to you exceed fifty AUD.

Any claim against the Company, from this Agreement or from the use of the Website, must be brought by the user within one year from the date when the claim first arose. Any failure on the part of the user to bring the claim within one year will result in waiver of the user’s right to bring such action at a later stage.

You agree to release, defend, indemnify and hold harmless the Company and its officers against any claims, liabilities, charges, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:

• Your use or inability to use the Website;
• Violation of these Terms by you;
• Violation of any applicable law by you;
• Your gross negligence or wilful misconduct.

This Agreement and any dispute arising out of or in connection with this Agreement or its subject matter shall be governed and construed by the laws of the State of New South Wales, without giving effect to any principles of conflict of laws. Both parties hereby submit to the exclusive jurisdiction of the courts located in the State of New South Wales to bring any claims and actions arising out of or related to this Agreement. The Website is designed and delivered in compliance with the laws of the State of New South Wales. It is solely your responsibility to ensure that your use of the Website does not violate your applicable local laws.

If any provision of this Agreement is held to be unlawful, void, or for any reason is deemed unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Neither party shall be liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or failure of electricity or server, system, computer, internet or telephone service.

Email: info@resbid.com.au